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Editura Universul Juridic Criminal Investigation Guide. 4th edition, revised and added - Dumitru Cheaga, Gheorghe Sava

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Publisher: Universul Juridic

Author: Dumitru Cheaga, Gheorghe Sava

Edition: a 4-a, revizuita si adaugita

Pages: 800

Publisher year: 2019

ISBN: 978-606-39-0306-9

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The volume includes over 350 models of documents frequently filed in the criminal investigation phase (minutes, ordinances, reports), as well as documents of the prosecutor sending / not sending to court or the decisions pronounced by the judge of rights and freedoms, all made according to the provisions new codes (criminal and criminal procedure).

The purpose of this paper that systematizes the procedural acts is to optimize their drafting, but also to avoid their abolition, for example, by the judge of the preliminary chamber.

CONTENTS OF THE PAPER
The criminal investigation guide presents models regarding:
- notifying the criminal investigation bodies;
- criminal investigation regarding the deed;
- carrying out the criminal investigation given by the suspect and defendant;
- abstention and recusal;
- requests made in connection with the provision of legal assistance. Consultation of the file;
- admitting and rejecting applications for the administration of evidence;
- the evidence, the means of proof and the evidentiary procedures during the criminal investigation;
- rogatory commission and delegation. procedural documents;
- and common procedures. international judicial cooperation;
- preventive measures and other procedural measures;
- solutions given during or at the end of the criminal investigation.

STRENGTHS
- over 350 models of procedural documents;
- doctrine notes for most of the models presented;
- jurisprudence of the courts;
- references to the practice of the criminal investigation bodies;

the target audience
- the parties of the criminal process (the defendant, the civil party, the civilly responsible party);
- criminal investigation bodies;
- specialists and practitioners in criminal law.

ABOUT THE AUTHORS
Dumitru Cheaga - Prosecutor - Public Ministry - Prosecutor's Office attached to the High Court of Cassation and Justice - Directorate for the Investigation of Organized Crime and Terrorism - Central Structure.

Gheorghe Sava - Prosecutor - Public Ministry - Prosecutor's Office attached to the High Court of Cassation and Justice - Directorate for the Investigation of Organized Crime and Terrorism - ST Sibiu
  • Criminal Investigation Guide. 4th edition, revised and added - Dumitru Cheaga, Gheorghe Sava

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Dumitru Cheaga - Prosecutor - Public Ministry - Prosecutor's Office attached to the High Court of Cassation and Justice - Directorate for the Investigation of Organized Crime and Terrorism - Central Structure.

Gheorghe Sava - Prosecutor - Public Ministry - Prosecutor's Office attached to the High Court of Cassation and Justice - Directorate for the Investigation of Organized Crime and Terrorism - ST Sibiu

content

PREFACE / 7

ABBREVIATIONS / 23

CHAPTER I. NOTIFICATION OF CRIMINAL INVESTIGATION BODIES / 25

Section I.1 - Complaint and denunciation / 25
Criminal complaint / 25
Criminal complaint / 26
Minutes of ex officio notification / 27
Minutes of recording the oral complaint / 28
Minutes of recording the oral denunciation / 28
Special power of attorney for filing a complaint by a person other than the victim of the crime / 29
Preliminary criminal complaint / 29
Declaration of withdrawal of the preliminary complaint / 30
Declaration of reconciliation of the parties / 31
Minutes of informing the victims of crimes (according to the provisions of art. 4 of Law no. 211/2004) / 31
Section I.2. - Finding the flagrant crime / 33
Minutes of finding the crime (in the case of crimes of outrage against morals and disturbance of public order, destruction, personal injury, etc.) / 33
Minutes of finding the crime (in the case of traffic offenses on public roads) / 35
Minutes of recording the registration of sums of money and forensic marking (in case of corruption offenses) / 36
Minutes of finding the flagrant crime (in case of corruption offenses) / 37
Minutes of finding the flagrant crime (in case of crimes in the field of fishing and aquaculture) / 39

CHAPTER II. CRIMINAL PROSECUTION REGARDING THE DEED / 43
The ordinance ordering the beginning of the criminal investigation regarding the deed / 43
Ordinance for extending the criminal investigation in rem for another deed / 44
Ordinance extending the criminal investigation in rem for another material act of the same crime (without changing the legal classification) / 45
Ordinance for the extension of the criminal investigation in rem for another material act of the same crime (with the change of the legal classification in case of continued and complex crimes or those with particularly serious consequences) / 46
Ordinance to change the legal classification / 47

CHAPTER III. CARRYING OUT THE CRIMINAL PROSECUTION AGAINST THE SUSPECTOR AND DEFENDANT / 48
Section III.1. - Continuation of the criminal investigation against the suspect / 48
Ordinance to continue the criminal investigation against the suspect - natural person / 48
Ordinance to continue the criminal investigation against the suspect - legal person / 49
Ordinance confirming the measure to continue the criminal investigation ordered against the suspect - natural person / 50
Ordinance confirming the measure to continue the criminal investigation ordered against the suspect - legal person / 51
Minutes of communication of the suspect's rights and obligations / 52
Section III.2. - Carrying out the criminal investigation against the defendant. Initiation of criminal proceedings / 53
Ordinance for initiating criminal proceedings / 53
Minutes of communication of the rights and obligations of the defendant / 54
Report with request for prior authorization in order to initiate the criminal action / 56
Section III.3. - Extending the criminal investigation. Extending the criminal action. Changing the legal framework / 57
Ordinance to extend the criminal investigation that is carried out in person, for another deed committed by the suspect / defendant, which constitutes a new crime / 57
Ordinance extending the criminal investigation in person for another material act of the same crime (without changing the legal classification) / 58
Ordinance extending the criminal investigation in person for another material act of the same crime (with the change of the legal classification in the case of continuous and complex crimes or those with particularly serious consequences) / 59
Ordinance for extending the criminal investigation against another person / 60
Ordinance confirming the extension of the criminal investigation when the criminal investigation is carried out against a person / 62
Ordinance to change the legal classification in person / 64
Minutes of notification of the change of the legal classification (or of the extension of the criminal investigation regarding new facts or material acts) / 66
Ordinance for extending the criminal action / 66

CHAPTER IV. ABSTENTION AND REFUSAL / 68
Declaration of abstention from carrying out the criminal investigation / 68
Request for recusal of the criminal investigation body of the judicial police or of the prosecutor / 68
Ordinance for solving the request for abstention / recusal of the person conducting the criminal investigation / 69
Ordinance for solving the request for abstention / recusal of the prosecutor / 70

CHAPTER V. REQUESTS MADE IN RELATION TO THE PROVISION OF LEGAL ASSISTANCE. CONSULTATION OF THE FILE / 72
Request made by the suspect or defendant, for providing legal assistance in the situations provided by art. 90 C. pr. pen. Request formulated by the injured person / civil party / civilly responsible party, for granting legal assistance according to art. 93 C. pr. pen. / 72
Request of the defense counsel of the suspect / defendant / injured person / civil party / civilly responsible party, to assist in the performance of any act of investigationre penala / 73
Request for consultation of the file / 74
Request of the injured person to be informed about the stage of the criminal investigation / 74
Ordinance ordering the consultation of the file / 75
Ordinance delegating the right to establish the date and duration of the consultation of the criminal investigation body / 76

CHAPTER VI. ADMISSION AND REJECTION OF REQUESTS REGARDING THE ADMINISTRATION OF EVIDENCE / 77
Application for approval of evidence / 77
Ordinance for admitting the request for administration of evidence formulated by the suspect / defendant / injured person / civil party during the criminal investigation / 78
Ordinance rejecting the requests for administration of evidence made by the suspect / defendant injured person / civil party during the criminal investigation / 80
Complaint against acts and measures taken by the criminal investigation body / 82
Complaint against acts and measures taken by the prosecutor / 82
Ordinance issued by the prosecutor rejecting the complaint against the acts and measures taken by the criminal investigation body of the judicial police / 83

CHAPTER VII. EVIDENCE, MEANS OF EVIDENCE AND PROOF PROCEDURES DURING THE CRIMINAL PROSECUTION / 86
Ordinance on the delegation of judicial police officers in order to carry out criminal prosecution acts (in the situation where the criminal prosecution is mandatory by the prosecutor) / 86
Section VII.1. - On - site research / 88
Ordinance ordering the on-site research / 88
On-site investigation report (in case of thefts from institutions, shops, homes, etc. or robbers) / 88
On-site investigation report (in case of thefts from and from cars) / 92
On-site investigation report (in case of thefts in the field of rail freight) / 94
On-site investigation report (in case of a traffic accident without leaving the crime scene) / 96
On-site investigation report (in case of road accidents resulting in death or personal injury and leaving the scene of the accident by the perpetrator) / 100
On-site investigation report (in case of aviation or railway accidents) / 102
Minutes drawn up by the first police officer to arrive at the scene (if a corpse is present) / 106
On-site investigation report in an enclosed space (in cases where a corpse is present - murder, fatal blows, suspicious death, infanticide) / 108
Research report on the spot, in open space (in cases where a corpse is present - murder, fatal blows, suspicious death, infanticide) / 111
On-site investigation report (in case of death by hanging / strangulation / strangulation) / 114
On-site investigation report (in case of death by poisoning) / 118
On-site investigation report (in case of drowning) / 122
On-site investigation report (in case of death by electric shock / shock) / 125
On-site investigation report (in case of a corpse involving the use of firearms or in case of death by mechanical trauma using knives or blunt objects) / 128
On-site research report (in case of precipitation from height) / 132
On-site investigation report (in case of missing persons) / 135
On-site investigation report (in case of work accidents) / 136
On-site investigation report (in case of fires or explosions) / 139
On-site investigation report (in case of animal theft) / 142
On-site investigation report (in case of crimes of illegal tree felling, provided in Law no. 46/2008 - Forestry Code) / 144
On-site investigation report (in case of sexual offenses) / 148
Section VII.2. - Hearing persons / 150
Subsection VII.2.1. - Hearing witnesses. Witness protection / 150
Report of the prosecutor notifying the court in order to hear in advance the injured person, the civil party, the civilly responsible party or a witness / 150
Ordinance granting the status of threatened witness and application of protection measures / 152
Ordinance regarding the withdrawal of the threatened witness status and the cessation of the application of protection measures / 156
Report of notification of the judge of the preliminary chamber in order to order the measures of protection of the witness threatened during the preliminary chamber procedure / 157
Report of the court notification in order to order the protection measures of the witness threatened during the trial / 158
Ordinance granting the status of vulnerable witness and application of protection measures / 159
Report of notification of the judge of the preliminary chamber in order to order the measures of protection of the vulnerable witness during the procedure of camere preliminary / 160
Report of notification of the judge of the preliminary chamber in order to order the measures of protection of the vulnerable witness during the trial / 162
Address by which the consent of the competent authority or the person entitled to the obligation to maintain secrecy or confidentiality is requested / 163
Address by which the competent authority or the entitled person expresses its agreement to remove the obligation to maintain secrecy or confidentiality / 163
Subsection VII.2.2. - Hearing of the suspect or defendant / 164
Statement of suspect / defendant recorded by asking questions and mentioning the answers according to the criterion of logical (psychological) succession. / 164
Statement of suspect / defendant recorded by asking questions and mentioning the answers according to the criterion of chronological succession / 167
Confrontation report / 170
Minutes of the refusal of the confronted person to sign the answer given to a formulated question / 171
Subsection VII.2.3. - Hearing the injured person, the civil party and the civilly responsible party. Protection of the injured person / civil party / 172
Ordinance ordering protection measures against the injured person / civil party / 172
Ordinance for the cessation of protection measures against the injured person / civil party / 174
Application for incorporation as a civil party / 175
Application for the introduction of the civilly responsible party / 177
Ordinance for admitting the request of the civil party to introduce in the criminal process the civilly responsible person / 178
Subsection VII.2.4. - Hearing by interpreter / 180
Minutes of notifying the right to an interpreter / 180
Ordinance appointing an interpreter / 181
Ordinance establishing the interpreter's fee / 182
Minutes regarding the object of the interpreter / translator's performance / 182
Subsection VII.2.5. - Protection of the undercover investigator, of the collaborator, of the informant. Expert protection / 183
Ordinance ordering the protection measures against the undercover investigator, the collaborator, the informant, as well as their family members or other persons / 183
Ordinance granting the status of threatened expert and ordering protection measures / 184
Ordinance ordering the identification of persons / 186
Section VII.3. - Identification of persons and objects / 186
Ordinance ordering the identification of persons after photographs / 187
Ordinance ordering the identification of objects / 188
Ordinance ordering the identification of voices, sounds or other elements that are subject to sensory perception / 189
Presentation report for the recognition of a person from the group / 190
Presentation report for the recognition of a person after photographs / 191
Presentation report for object recognition / 193
Minutes of identification of voices, sounds or other elements that are the object of sensory perception / 194
Presentation report for the recognition of a corpse / 195
Section VII.4. - Special methods of surveillance or research / 196
Subsection VII.4.1. - Technical supervision. Interception of communications or any type of remote communication / 196
The procedure for requesting and issuing the technical supervision mandate consisting in the interception of communications or of any type of remote communication / 196
The report of the judicial police body with a proposal to issue the technical supervision mandate consisting in the interception of communications or of any type of remote communication / 196
The report of the prosecutor with a proposal to issue the technical supervision warrant consisting in the interception of communications or of any type of remote communication / 198
The report of the judicial police body with a proposal to extend the mandate of technical supervision consisting in the interception of communications or of any type of remote communication / 202
Prosecutor's report with a proposal to extend the technical supervision mandate consisting in intercepting communications or any type of remote communication / 203
Application for authorization to intercept communications made by the injured person / 205
Mandate issued by the judge of rights and freedoms authorizing the measure of technical supervision / 206
Conclusion of the judge of rights and freedoms by which he orders the admission / rejection of the prosecutor's request for issuing the technical supervision mandate / 206
Execution of the technical supervision mandate consisting in the interception of communications or of any type of remote communication / 211
Ordinance for the execution of the technical supervision mandate / 211
Minutes containing the results of the technical supervision activity consisting in the interception of communications or of any type of remote communication / 212
Reportprepared on the occasion of the summary rendering of the content of a telephone conversation / 213
Ordinance for the cessation of the technical supervision measure / 214
Address by which the judge who issued the technical supervision warrant is informed about the termination of the measure / 215
Ordinance ordering the postponement of informing about the technical supervision measure / 216
Ordinance on the archiving of notes for the reproduction of intercepted telephone calls, without probative relevance / 218
Prosecutor's order ordering the use of data resulting from technical supervision measures in another criminal case / 219
Subsection VII.4.2. - Technical supervision. Video, audio or shooting surveillance / 220
Authorization of video, audio or photography surveillance / 220
The report of the judicial police body with a proposal for issuing the technical supervision mandate consisting in video, audio or photography surveillance / 220
The prosecutor's report requesting the issuance of the technical supervision warrant consisting in video, audio or photography surveillance / 221
Execution of the technical supervision mandate consisting in video, audio or photography surveillance / 224
Minutes drawn up on the occasion of the installation of the recording technique on the person's body in order to carry out video, audio or photography surveillance / 224
Minutes containing the results of the technical surveillance activity consisting of video, audio or photography surveillance / 225
Subsection VII.4.3. - Authorization of technical supervision measures by the prosecutor / 226
Report of the judicial police body with a proposal for authorization by the prosecutor for a maximum period of 48 hours of some technical supervision measures / 226
Ordinance of the prosecutor ordering the authorization of technical supervision measures in case of emergency / 228
Report with a proposal to confirm the measure of technical supervision ordered by the prosecutor and to take the measures of technical supervision under the conditions of art. 140 C. pr. pen / 235
The conclusion of the judge of rights and freedoms by which the request for confirmation of the ordinance authorizing the prosecutor is confirmed / rejected and the taking of the measure of technical supervision is ordered / rejected under the conditions of art. 140 C. pr. pen. / 242
Minutes of the destruction of the supports for interceptions and recordings of telephone conversations provisionally ordered / 247
Subsection VII.4.4. - Technical supervision. Location or tracking by technical means / 247
Report of the judicial police body with a proposal for authorizing the location or pursuit by technical electronic means / 247
Prosecutor's report with a proposal to authorize the location or pursuit by technical electronic means / 249
Subsection VII.4.5. - Special research methods. Obtaining data on a person 's financial transactions / 252
Report of the judicial police body with a proposal to obtain data on a person's financial transactions / 252
Prosecutor's report with a proposal to obtain data on a person's financial transactions / 254
Ordinance of the prosecutor ordering the authorization of the financial transaction mandate in case of emergency / 259
Subsection VII.4.6. - Technical supervision. Access to a computer system / 262
The report of the judicial police body with a proposal for issuing the technical supervision mandate consisting in access to a computer system in order to identify evidence / 262
Prosecutor's report with a proposal to issue the technical supervision warrant consisting in access to a computer system in order to identify evidence / 264
Subsection VII.4.7. - Special research methods. Retention, handover or search of postal items / 267
Report of the judicial police body, with a proposal to detain, hand over or search the postal items / 267
Report of the prosecutor notifying the judge of rights and freedoms for approving the detention, surrender or search of postal items / 269
Conclusion of the judge of rights and freedoms by which he admits the prosecutor's request for detention, surrender and search of postal items / 272
Mandate for detention, delivery and search of postal items / 274
Ordinance authorizing by the prosecutor, for a period of 48 hours, the detention, delivery and search of postal items / 275
Authorization issued by the prosecutor, ordering the detention, delivery and search of postal items / 278
Report with proposal to confirm the measure of detention, surrender or search of postal items by the judge of rights and freedoms / 279
Conclusion of the judge of rights and freedoms confirming the ordinance of the prosecutor authorizing the detention, delivery and search of postal items/ 280
Subsection VII.4.8. - Special research methods. Use of undercover or real identity investigators and collaborators / 283
Ordinance of the prosecutor authorizing the use in question of undercover or real identity investigators or collaborators. / 283
Subsection VII.4.9. - Special research methods. Authorized participation in certain activities / 288
Ordinance of the prosecutor authorizing the participation in certain activities of undercover or real identity investigators or collaborators / 288
Minutes of implementation of the measures of authorized participation in certain activities / 291
Subsection VII.4.10. - Special research methods. Supervised delivery / 292
Report of the judicial police body with proposal for authorization of supervised delivery / 292
Ordinance of the prosecutor authorizing the supervised delivery / 293
Report of the prosecutor notifying the judge of rights and freedoms for the prior authorization of obtaining traffic data, equipment identification data and location data processed by suppliers / 298
Conclusion of the judge of rights and freedoms ordering the authorization to obtain traffic data, equipment identification data and location data processed by suppliers / 303
Subsection VII.4.11. - Special research methods. Obtaining data on a person 's financial situation / 308
Ordinance of the prosecutor for obtaining data regarding the financial situation of a person / 308
Subsection VII.4.12. - Computer data preservation / 310
Ordinance of the prosecutor for the preservation of computer data, including data related to information traffic / 310
Section VII.5. - Home, body and vehicle search. Computer search / 312
Report of the judicial police body with a proposal to approve the home search / 312
Report of the prosecutor notifying the judge of rights and freedoms in order to approve the house search / 313
Conclusion of the judge of rights and freedoms by which it is ordered to carry out a house search / 320
Home search warrant / 323
Home search report / 323
Ordinance ordering the search of the body / 325
Ordinance ordering the search of a vehicle. / 326
Minutes of the body search (as the case may be, of the vehicle) / 327
Report of the judicial police body with a proposal to approve the search in the computer system / of a data storage medium / 328
Prosecutor's report with a proposal to approve the search in the computer system / 329
Conclusion of the judge of rights and freedoms ordering the admission / rejection of the request for a computer search / 331
IT search warrant / 333
Ordinance on making copies of computer data stored on computer media / 334
Minutes of computer search / 335
Section VII.6. - Lifting objects and documents / 337
Ordinance of the prosecutor ordering the delivery of objects or documents / 337
Minutes of receipt of objects and documents / 338
The prosecutor's ordinance ordering the handing over of data held by companies that have social platforms / host e-mail services / online stores, etc. / 338
Ordinance of the prosecutor ordering the forced lifting of some objects or documents / 339
Section VII.7. - Judicial expertise and findings / 340
Subsection VII.7.1. - Judicial findings / 340
Ordinance ordering a dactyloscopic finding / 340
Ordinance ordering a graphic / graphoscopic / graphological finding of the writing. / 342
Ordinance ordering a ballistic finding / 344
Ordinance ordering a technical finding of fire / explosion / 347 traces
Ordinance ordering a tracing finding (in case of burglary or using real or false keys in a building) / 349
Ordinance ordering a tracing finding (for establishing the identification series on metallic and non-metallic support - motor vehicles, weapons, etc.) / 351
Ordinance ordering a dental tracing finding (of the tooth marks) / of the lip traces / cheek / nose / ear / 352
Ordinance ordering a tracing finding regarding the footprints / footwear / 354
Ordinance ordering a tracing finding regarding stabbing / cutting marks created on clothing, textiles or other than textiles / 355
Ordinance ordering a query of the Imagetrak database (facial recognition system) / 357
Ordinance ordering a biocriminalistic / biological finding(when it is not necessary to establish the genetic profile) / 359
Ordinance ordering an anthropological (and facial reconstruction) finding / 361
Ordinance ordering an anthropometric finding / 362
Ordinance ordering a chemical finding (in case of drug trafficking offenses or other illicit drug operations) / 364
Ordinance ordering a physico-chemical finding of material traces collected on the spot / 366
Ordinance ordering a biological finding regarding hairy traces (when it is not necessary to establish the genetic profile) / 369
Ordinance ordering a veterinary medical finding (in the case of crimes against animals) / 371
Ordinance ordering a psycho-criminal finding (for profiling evaluations) / 372
Ordinance ordering a finding regarding the detection of reactions specific to the simulated behavior (so-called polygraph) / 373
Ordinance ordering a finding (for the identification of works protected under Law no. 8/1996 on copyright and related rights) / 375
Ordinance ordering a technical-scientific finding by specialists from DIICOT / DNA or by anti-fraud inspectors from ANAF seconded to prosecutor's offices / 377
Subsection VII.7.2 - Expertises. Types of expertise regulated in the Code of Criminal Procedure / 388
Request for expertise / 388
Request for an expertise supplement / 388
Minutes of recording the summons of the parties and the experts and of the clarifications given to them / 390
Forensic examination of the person / 391
Ordinance ordering a forensic examination (in case of crimes against bodily integrity or health) / 391
Ordinance ordering a forensic examination (in case of crimes related to sexual life) / 394
Ordinance ordering a forensic autopsy / 395
Ordinance ordering a forensic autopsy of the fetus or newborn / 399
Ordinance ordering a forensic expertise (in case of investigation of a crime of malpractice - medical fault) / 401
Ordinance for disposing of a forensic expertise for the evaluation of work capacity / 409
Ordinance ordering the exhumation / 410
Ordinance ordering a toxicological expertise / 411
Ordinance ordering a toxicological expertise (regarding the retroactive interpretation of blood alcohol) / 413
Ordinance on the disposition of a genetic medico-legal expertise (for establishing the A.D.N. profile - the alphanumeric code obtained from the genetic material, by applying the techniques of molecular biology) / 419
Declaration of consent of the person to be subjected to psychiatric forensic examination / 424
Ordinance for disposing of a psychiatric forensic examination / 424
Report for the approval of involuntary hospitalization in order to perform psychiatric expertise / 426
Conclusion of taking the measure of involuntary hospitalization in order to perform the psychiatric forensic examination / 428
Report for approving the extension of the involuntary hospitalization measure in order to perform the psychiatric forensic examination / 430
Conclusion of extension of the measure of involuntary medical hospitalization in order to perform the psychiatric forensic examination / 431
Ordinance ordering the performance of the physical examination (for the internal and external examination of a person's body) / 432
Ordinance ordering the performance of the physical examination in order to take biological samples / 433
Declaration of consent of the person to be physically examined / 434
Report on the request for approval of the physical examination (in the absence of the written consent of the person) / 435
Conclusion of approval of the prosecutor's request regarding the physical examination of a person, in the absence of consent / 436
Ordinance ordering the physical examination of a person (in case of urgency and in the absence of the consent of the person concerned) / 437
Minutes of recording the activities carried out on the occasion of the physical examination / 438
Report requesting the judge of rights and freedoms to validate the physical examination performed by the criminal investigation body / 439
Conclusion of validation / rejection of the request for validation of the physical examination performed by the criminal investigation bodies / 440
Types of expertise not regulated in the Code of Criminal Procedure / 442
Ordinance for disposing of the accounting / judicial fiscal expertise / 442
Ordinance for disposing of a technical expertise (in case of work accidents) / 469
Ordinance for disposing of the judicial technical expertise (in case of traffic accidents) / 473
Ordinance ordering the museographic technical expertise (in case of crimes provided in Law no. 182/2000 on the protection of the mobile national cultural heritage) / 477
Ordinance ordering the technical expertiseof precious metals / 479
Ordinance for disposing of judicial expertise (in the field of intellectual property) / 480
Ordinance for disposing of judicial merchandise expertise (in case of offenses of forgery or substitution of food or other products - art. 357 of the Penal Code -, sale of altered products - art. 358 of the Penal Code) / 485
Ordinance ordering a forensic expertise for authentication of audio / video recordings and identification of the person based on voice and speech / 488
Ordinance ordering the technical expertise (in case of photos and video recordings) / 491
Ordinance on the disposal of judicial technical expertise (in the case of computer systems, data storage media and telecommunications) / 492
Ordinance for disposing of a forensic expertise of documents / 494
Ordinance for disposing of a physico-chemical forensic expertise of documents / 496
Section VII.8. - Reconstitution / 497
Ordinance ordering the reconstitution / 497
Minutes of reconstitution / 498
Section VII.9. - Photographing and taking fingerprints of the suspect, defendant or other persons / 500
Ordinance ordering the photographing and taking fingerprints of the suspect, defendant or other persons / 500

CHAPTER VIII. REQUEST COMMISSION AND DELEGATION. COMMON PROCEDURAL AND PROCEDURAL ACTS. INTERNATIONAL JUDICIAL COOPERATION / 502
Section VIII.1. Commission rogatory and delegation / 502
Ordinance ordering the rogatory commission for listening to a person / 502
Ordinance ordering the rogatory commission for the collection of objects and documents / 503
Ordinance ordering the delegation to a hierarchically inferior prosecutor's office unit / 504
Section VIII.2. - Reunification of causes and disjunction / 505
Meeting Ordinance / 505
Disjunctioning order / 506
Section VIII.3. - Judicial fine / 507
Ordinance for the application of the judicial fine (in case of non-fulfillment by any person of the obligation to present at the request of the criminal investigation body the objects / documents requested by it) / 507
Ordinance for the application of the judicial fine (in case of delay by the expert of the fulfillment of the received tasks) / 508
Address to the fiscal body for debiting / 509
Application for exemption from the payment of a judicial fine / 510
Section VIII.4. - The procedure in case of disappearance of the files and judicial documents / 511
Minutes of finding the disappearance of the file / judicial document / 511
Ordinance ordering the replacement or reconstitution of the missing document or judicial file / 511
Ordinance establishing the result of reconstitution / 512
Section VIII.5. - Modification of procedural acts. Correction of material errors and removal of obvious omissions / 513
Request for correction of material and obvious error / 513
Minutes of correction of material and obvious error / 513
Request for removal of obvious omission / 514
Minutes of removal of the obvious omission / 514
Section VIII.6. - International judicial cooperation in criminal matters / 515
Ordinance ordering the prosecutor to carry out activities through an international rogatory commission based on Law no. 302/2004 (International rogatory commission remained in force in relations with European states that have not transposed Directive 2014/41 / EU of the European Parliament and of the Council of the European Union on the European order of investigation in criminal matters) / 515
Request for international legal assistance sent to the competent foreign judicial authorities based on Law no. 302/2004 / 517
European Investigation Order / 519
Confirmation of receipt of a European investigation order (form to be completed by the authority of the executing State which received the European investigation order) / 526
Ordinance ordering the recognition and execution of a European investigation order issued by foreign judicial authorities / 527
Communication interception notification (this form is used to send a Member State a telecommunications interception notification that will have, has or has taken place on its territory without technical assistance from it) / 528
Ordinance admitting the request for cross-border surveillance formulated by the foreign authorities / 529
Authorization issued by the Prosecutor's Office attached to the High Court of Cassation and Justice for cross-border surveillance / 531
Ordinance authorizing a supervised delivery (in case of requests made by foreign authorities) / 531
Ordinance expressing agreement to use evidence obtained by the Romanian judicial authorities on the basis of requests for legal assistance and in another case instrumented by the authorities of the requesting state / 533
Translator designation ordinance / 534
Report on the proposal to issue the European arrest warrant and the international extradition warrant for extraditionii / 535
Report requesting the competent court to order the transfer of the criminal procedure initiated by the Romanian authorities (prepared by the prosecutor) / 537
Request for transfer of the procedure initiated by the Romanian authorities (after the court has ordered the transfer of the procedure) / 541
The ordinance ordering the sending of documents to foreign authorities, according to art. 7 of the Convention on Mutual Assistance in Criminal Matters, concluded between the Member States of the European Union, adopted in Brussels on 29 May 2000/543
Address by which the procedural documents are sent within the procedure of spontaneous exchange of information / 544
Ordinance accepting the request to take over the criminal investigation formulated by the foreign judicial authorities / 545
Section VIII.7. - Mandate to bring / 549
Ordinance ordering the issuance of a warrant to bring / 549
Mandate to bring / 550
Minutes of execution of the order to bring / 553
The report having as object the motivated request of the prosecutor to enter without a consent in a domicile or headquarters for the execution of the warrant to bring / 554
Conclusion of the judge of rights and freedoms by which he admits / rejects the prosecutor's request for issuing a warrant to bring (in case it is necessary to enter a domicile or headquarters without consent) / 556

CHAPTER IX. PREVENTIVE MEASURES AND OTHER PROCEDURAL MEASURES
Section IX.1. - Retention / 558
Detention order / 558
Minutes of recording the acquaintance of a family member or other person designated by the suspect / defendant regarding the taking of the detention measure / 559
Minutes of informing the suspect / defendant of the crime of which he is suspected, of the reasons for taking the detention measure and of the rights / 560
Ordinance revoking the detention measure and releasing the detained person / 563
Section IX.2 - Judicial control / 564
Report of the judicial police body with a proposal for the prosecutor to order the measure of judicial control / 564
Ordinance of the prosecutor regarding the taking of the judicial control measure / 565
Prosecutor's report with a proposal to replace the judicial control with house arrest or pre-trial detention / 569
Ordinance of the prosecutor ordering the imposition of new obligations for the defendant or the replacement or termination of those initially ordered / 570
Ordinance of the prosecutor ordering the approval of the defendant to exceed a certain territorial limit / 571
Section IX.3. - Judicial control on bail / 573
Report of the judicial police body with a proposal for the prosecutor to order the measure of judicial control on bail / 573
Ordinance of the prosecutor regarding the taking of the measure of judicial control on bail / 574
Section IX.4. - Home arrest / 577
Report of the judicial police body with a proposal to take the measure of house arrest / 577
The report of the prosecutor with a proposal to take the preventive measure of house arrest / 579
Conclusion of the judge of rights and freedoms by which he admits / rejects the request of the prosecutor to take the preventive measure of house arrest / 581
Prosecutor's report with proposal to extend the duration of the preventive measure of house arrest / 585
Conclusion of the judge of rights and freedoms by which he orders the extension of the duration of the preventive measure of house arrest / 587
Conclusion of the judge of rights and freedoms for granting the permission to leave the building / 590
Conclusion of the replacement of the house arrest with the preventive arrest / 592
Section IX.5. - Pre-trial detention / 594
Report of the judicial police body with a proposal to take the measure of preventive arrest of the defendant / 594
Ordinance of the prosecutor to reject the proposal to take the measure of preventive arrest / 596
The prosecutor's report with a proposal to take the measure of preventive arrest. / 597
Conclusion of the judge of rights and freedoms by which he admits / rejects the request of the prosecutor to take the measure of preventive arrest of the defendant / 610
Pre - trial arrest warrant / 620
Conclusion of the judge of rights and freedoms to confirm the pre-trial detention in the absence and execution of the pre-trial detention warrant / 621
The report of the judicial police body with a proposal to extend the pre-trial detention / 623
The prosecutor's report requesting the extension of the duration of the pre-trial detention measure / 624
Conclusion of the judge of rights and freedoms by which he admits the prosecutor's request regarding the extension of the pre-trial detention / 627
Minutes of execution of the warrant of preventive arrest issued in the absence of the defendant / 630
Section IX.6. - Termination of law, revocation or replacement of preventive measures / 631
Ordinance of the prosecutor by which it finds during the criminal investigation the legal cessation of the preventive measures at the expiration of the terms provided by law or stabby the judicial bodies / 631
Defendant's request for revocation / replacement of the preventive measure / 632
Section IX.7. - Provisional application of medical safety measures. Temporary obligation for medical treatment. Provisional medical hospitalization / 634
Report of the prosecutor with a proposal to take the provisional measure of the obligation to medical treatment / 634
Conclusion of the judge of rights and freedoms by which he admits the request of the prosecutor to take the provisional measure of the obligation to medical treatment / 636
The prosecutor's report having as object the notification for taking the measure of provisional medical hospitalization / 637
Conclusion of the judge of rights and freedoms by which he admits the request of the prosecutor to take the measure of provisional medical hospitalization / 639
Report having as object the notification for performing the psychiatric forensic expertise in order to lift the safety measure of the temporary medical hospitalization / 641

CHAPTER X INSURANCE MEASURES. RETURN OF THINGS / 642
Request for precautionary measures formulated by the civil party / 642
The report of the judicial police body with a proposal for taking precautionary measures / 643
Ordinance on taking precautionary measures / 644
Ordinance of the prosecutor ordering the leaving in the custody of the National Agency for the Administration of Unavailable Goods (A.N.A.B.I.) of the seized movable goods / 658
Ordinance of the prosecutor ordering the capitalization of the seized movable goods (with the consent or at the request of the owner) / 660
Report of notification of the judge of rights and freedoms for the capitalization of the seized movable goods (in the absence of the owner's agreement) / 661
The conclusion of the judge of rights and freedoms by which he admits the prosecutor's request for capitalization during the criminal investigation of the seized movable property (in the absence of the owner's consent) / 663
Ordinance for taking precautionary measures on a ".ro" domain / 666
Minutes of the application of the criminal seizure on movable goods / 667
Minutes of application of the criminal seizure on real estate / 672
Minutes of the application of the criminal seizure on a national internet domain / 674
Address to the National Institute for Research and Development in Informatics / 675
Address to O.N.C.P.I. - Land Registry Office - for noting the mortgage registration / 676
Ordinance establishing the seizure / 676
Address of communication of the measure of institution of seizure / 682
Ordinance of the prosecutor ordering the delivery by different institutions of the documents attesting the ownership of some goods on the name of the suspect / defendant / civilly responsible person / 683
Appeal against the precautionary measure / 684
Request for restitution of some goods (formulated by the injured person) / 685
Ordinance for restitution of things / 685

CHAPTER XI SOLUTIONS GIVEN DURING OR AT THE END OF THE CRIMINAL PROSECUTION / 687
Section XI.1. - Proposals formulated to the prosecutor by the criminal investigation body of the judicial police / 687
Report with proposal for decline of competence / 687
Report with proposal for filing the criminal case for lack of substantive and / or essential conditions of the notification / 690
Report with a proposal to close the criminal case when there is one of the cases provided in art. 16 para. (1) C. pr. pen. / 691
Report with proposal to close the case when there is a suspect or defendant in the case / 692
Report with proposal to suspend the criminal investigation / 694
Report with proposal to resume the criminal investigation in case of cessation of the cause of suspension / 695
Report with proposal to waive the criminal investigation when the perpetrator is not known / 696
Report with proposal to waive the criminal investigation when the perpetrator is known / 697
Report on the termination of the criminal investigation / 699
Section XI.2. - Solutions that can be ordered by the prosecutor during or at the end of the criminal investigation / 704
Subsection XI.2.1. - Decline of the competence to settle the case / 704
Ordinance ordering the decline of competence / 704
Ordinance for decline of competence and initiation of negative conflict of competence / 707
Subsection XI.2.2 - Restitution of the case to the criminal investigation body / 709
Refund order when the prosecutor finds that the conditions of classification are not met / 709
Refund order for completing / restoring the criminal investigation / 710
Subsection XI.2.3. - Suspension of the criminal investigation / 712
Request for suspension of the criminal investigation / 712
Ordinance suspending the criminal investigation when the suspect / defendant suffers from a serious illness / 712
Ordinance suspending the criminal investigation during the mediation / 713
Ordinance suspending the criminal investigation when there is a temporary legal impediment for initiating the criminal action / 714
Subsection XI.2.4. - Resumption of the criminal investigation / 715
Ordinance for resuming the criminal investigation in case of cessation of the cause of suspension / 715
Ordering ofresumption of the criminal investigation in case of restitution of the case by the judge of the preliminary chamber as a result of the exclusion of all the evidence administered during the criminal investigation / 716
Ordinance of the head of the prosecutor's office, to resume the criminal investigation when the restitution was ordered only for the restoration of the notification act / 717
Ordinance to reopen the criminal investigation when the hierarchically superior prosecutor finds the non-existence of the case on which the classification solution was based / 718
Ordinance to reopen the criminal investigation when the prosecutor finds new facts or circumstances that lead to the disappearance of the case on which the classification solution was based / 719
The order to reopen the criminal investigation when the prosecutor finds that the suspect or defendant has not fulfilled, in bad faith, the obligations established according to art. 318 para. (6) C. pr. pen. / 720
Ordinance for reopening the criminal investigation after the admission by the judge of the preliminary chamber of the complaint formulated against the solution of non-prosecution / non-prosecution / 721
The conclusion of the judge of the preliminary chamber confirming the reopening of the criminal investigation / 722
Subsection XI.2.5. - Classification of the criminal case / 723
Classification ordinance after examining the notification for the lack of substantive conditions / and its form / 723
The classification ordinance when there is one of the cases provided in art. 16 para. (1) C. pr. pen. / 724
Closing ordinance when the prosecutor appropriates the arguments contained in the proposal of the criminal investigation body / 725
Classification order when there is a suspect or defendant in the case / 726
Request for the continuation of the criminal trial (requesting the non-application of the legal provisions regarding amnesty, prescription, withdrawal of the previous complaint, the existence of the cause of impunity) / 735
Subsection XI.2.6. - Waiver of criminal prosecution / 736
Ordinance to waive the criminal investigation when the perpetrator is not known / 736
Ordinance to waive the criminal investigation against the suspect / defendant / 738
Conclusion model by which the judge of the preliminary chamber confirms the waiver of the criminal investigation / 749
Address to public / private institutions where unpaid work can be performed / 751
Address to the police body designated to supervise the fulfillment of the obligation to perform a work for the benefit of the community / 752
Indictment / 753
Subsection XI.2.7. - The plea agreement / 771
Report with a proposal to conclude, during the criminal investigation, an agreement, as a result of the admission of guilt and the establishment of its limits / 771
Guilt Agreement / 774
Model sentence by which the court admits the plea agreement / 783
Conclusion model by which the judge of the preliminary chamber ascertains the legality of the notification of the court and orders the beginning of the trial / finds irregularities of the act of notification / 785
Subsection XI.2.8. - Complaint against non-prosecution or non-prosecution solutions / 788
Complaint against the prosecutor's ordinances of non-prosecution or non-prosecution / 788
Ordinance of admission / rejection of the complaint formulated against the ordinances of the prosecutor of non-prosecution or non-prosecution / 789
Concluding model by which the judge of the preliminary chamber admits / rejects the complaint formulated against the ordinances of the prosecutor of non-prosecution or non-prosecution / 790
Conclusion model by which the judge of the preliminary chamber admits the complaint formulated against the prosecutor's orders not to send to trial, annuls the contested solution and orders the beginning of the trial for the facts and persons for which the prosecutor initiated the criminal action / 792
BIBLIOGRAPHY / 795

The volume includes over 350 models of documents frequently filed in the criminal investigation phase (minutes, ordinances, reports), as well as documents of the prosecutor sending / not sending to court or the decisions pronounced by the judge of rights and freedoms, all made according to the provisions new codes (criminal and criminal procedure).

The purpose of this paper that systematizes the procedural acts is to optimize their drafting, but also to avoid their abolition, for example, by the judge of the preliminary chamber.

CONTENTS OF THE PAPER
The criminal investigation guide presents models regarding:
- notifying the criminal investigation bodies;
- criminal investigation regarding the deed;
- carrying out the criminal investigation given by the suspect and defendant;
- abstention and recusal;
- requests made in connection with the provision of legal assistance. Consultation of the file;
- admitting and rejecting applications for the administration of evidence;
- the evidence, the means of proof and the evidentiary procedures during the criminal investigation;
- rogatory commission and delegation. procedural documents;
- and common procedures. international judicial cooperation;
- preventive measures and other procedural measures;
- solutions given during or at the end of the criminal investigation.

STRENGTHS
- over 350 models of procedural documents;
- doctrine notes for most of the models presented;
- jurisprudence of the courts;
- references to the practice of the criminal investigation bodies;

the target audience
- the parties of the criminal process (the defendant, the civil party, the civilly responsible party);
- criminal investigation bodies;
- specialists and practitioners in criminal law.

ABOUT THE AUTHORS
Dumitru Cheaga - Prosecutor - Public Ministry - Prosecutor's Office attached to the High Court of Cassation and Justice - Directorate for the Investigation of Organized Crime and Terrorism - Central Structure.

Gheorghe Sava - Prosecutor - Public Ministry - Prosecutor's Office attached to the High Court of Cassation and Justice - Directorate for the Investigation of Organized Crime and Terrorism - ST Sibiu

www.editurauniversitara.ro

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