Editura Universitara Prosecution. Theoretical and jurisprudence in criminal matters

9,63 Lei

Publisher: Universitară

Author: Theodor Mrejeru, Bogdan Mrejeru

ISBN: 978-973-749-169-5

Publisher year: 2007

Edition: I

Pages: 128

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Criminal prosecution is the first phase of trial, being regulated by the Code of Criminal Procedure in the Title of the Special provisions of art. 200-286. Prosecution lies with the activities of law enforcement officials that gather and verify evidence of the crime, the perpetrator is found in settling its responsibility to send to court and take measures to ensure the smooth conduct of the trial. According to art. Code 200. proc. criminal evidence tracking required on existing crimes, identify perpetrators and to establish their responsibility to determine whether or not to have sent the case to trial. Prosecution activity is concentrated around two main goals to achieve, namely clarification of all aspects of the criminal case and the possibility of bringing criminal offenders to justice. This paper presents the theory and case law relating to prosecution for their knowledge by experts in law, in the hope that the authors conducted a scientific approach of real interest.

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Theodor Mrejeru
Bogdan Mrejeru

Content
PREFACE / 5

Chapter I
GENERAL CONSIDERATIONS REGARDING CRIMINAL PROSECUTION / 7

Criminal investigation, the beginning phase of the criminal trial / 7
The object of the criminal investigation / 10
The limits of the criminal investigation / 15
Characteristic features of the criminal investigation / 17
Hierarchical subordination in performing criminal prosecution acts / 18
Lack of publicity of the criminal investigation / 19
Non - contradictory character / 21
The preponderant character of the written form / 23
General provisions regarding the criminal investigation / 23
Elements of comparative law regarding the criminal investigation / 26
Preliminary and general aspects / 26
More important criminal prosecution systems / 29

Chapter II
COMPETENCE OF CRIMINAL INVESTIGATION BODIES / 32

Bodies with criminal prosecution attributions and their competence / 32
Competence of the police / 34
Police and society / 35
Competence of special research bodies / 37
Bodies with attributions of criminal investigation and ascertainment of the crime / 38
Criminal investigation carried out by the prosecutor / 41
Supervision exercised by the prosecutor in the activity of criminal investigation / 44

Chapter III
TRIGGERING THE CRIMINAL PROSECUTION PHASE / 49

Introductory considerations / 49
Notification of the criminal investigation bodies (art. 221-228 C.proc0pen0) / 51
Complaint / 52
The denunciation / 53
Ex officio notification / 54
Notification in special cases / 55
Preliminary documents / 56
Commencement of the criminal investigation / 61

Chapter IV
CONDUCT OF CRIMINAL PROSECUTION / 65

Introductory considerations / 65
Initiation of criminal proceedings / 66
Continuation of the criminal investigation / 68
Preventive arrest of the defendant / 68
Extending criminal investigation / 69

Chapter V
SUSPENSION OF CRIMINAL PROSECUTION / 71

Suspension cases / 71
Procedure for suspending the criminal investigation / 73
Suspension order / 73
Obligations of the criminal investigation body during the suspension of the criminal investigation / 74

Chapter VI
TERMINATION OF THE PROCESS IN THE CRIMINAL PROSECUTION PHASE / 75

General features of non-litigation solutions / 75
Termination of the criminal investigation / 76
Removal from criminal prosecution / 78
Classification of the case / 81

Chapter VII
TERMINATION OF THE CRIMINAL PROSECUTION AND SENDING TO TRIAL / 83

Procedure for presenting the criminal investigation material / 83
Completion of the criminal investigation / 86
Completion of the criminal investigation with criminal action initiated / 87
Termination of the criminal investigation without initiating the criminal action / 88
Listening to the accused before the end of the investigation / 88
Submission of the file regarding the accused / 89
Presentation of the criminal investigation material to the accused by the prosecutor / 90
Prosecution / 90

Chapter VIII
RESUMPTION OF CRIMINAL PROSECUTION / 96

Conditions for ordering the resumption of the criminal investigation / 96
The conditions for resuming the criminal investigation / 97
Cases of resumption of the criminal investigation / 99
Resumption in case of restitution of the case by the court / 100
Resumption in case of reopening of the criminal investigation / 102

Chapter IX
COMPLAINT AGAINST MEASURES AND CRIMINAL PROSECUTION ACTS / 103

Complaint against the measures and actions of criminal investigation of the criminal investigation body / 104
Complaint against the acts of the prosecutor / 104
Chapter X
JURISDICTION IN THE MATTER / 106
BIBLIOGRAPHY / 123

Criminal prosecution is the first phase of trial, being regulated by the Code of Criminal Procedure in the Title of the Special provisions of art. 200-286. Prosecution lies with the activities of law enforcement officials that gather and verify evidence of the crime, the perpetrator is found in settling its responsibility to send to court and take measures to ensure the smooth conduct of the trial. According to art. Code 200. proc. criminal evidence tracking required on existing crimes, identify perpetrators and to establish their responsibility to determine whether or not to have sent the case to trial. Prosecution activity is concentrated around two main goals to achieve, namely clarification of all aspects of the criminal case and the possibility of bringing criminal offenders to justice. This paper presents the theory and case law relating to prosecution for their knowledge by experts in law, in the hope that the authors conducted a scientific approach of real interest.

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