Procedural Incidents Appeared When Finalizing the Criminal Accusation Stage

Author:Camelia Serban Morareanu
Position:University of Pitesti
Pages:269-275
SUMMARY

The finalization of the first stage of any criminal case obliges the prosecutor to check up on the legality and the validity of the criminal investigation acts performed by the police authority whose activity is monitorized by him. This obligation considers first the verification of the constituent documents of the criminal accusation - the beginning of the criminal accusation, the start of the... (see full summary)

 
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Procedural Incidents Appeared When Finalizing
the Criminal Accusation Stage
1Camelia Şerban Morăreanu
1University of Piteşti
Abstract. The finalization of the first stage of an y criminal case o bliges the prosecutor to check up on the
legality and the validity of the criminal investigation acts p erformed by the police authority whose activity is
monitorized by him. This ob ligation con siders first the verification of the constituent documents of the
criminal accusation – the beginning of the criminal accusatio n, the start of the criminal action, the
presentation of the criminal accusation material of the defendant and the completion of the account
containing the proposal to finalize the criminal accusation by the police authority. Within this context, it is
verified if the criminal accusation documents have been drawn up with the compliance of the legal
stipulations, followed by the finding if all the evidence have been collected, necessary to find the truth in the
respective case and if all implying criminal or civil aspects have been elucidated . According to the
established deficiencies in the police investigation activity, the prosecutor can entail : the reference to the
competent authority, the return of the case with a view to complete o r to remake the accusation, the
resumption of the criminal accusation. These solutions can be entailed by the prosecutor ex officio or on the
occasion o f solutioning the complains against criminal investigation documents formulated by those
interested due to drawn illegal documents. At the same t ime, by initiating the procedure of complaining
against t he prosecutor’s acts, the legality and the validity of a solution adopted in the criminal accusation
stage can be analyzed by the court.
Keywords: Criminal Procedure Code, trial, criminal law.
1 The Reference to the Competent Authority1
When the prosecutor establishes that for one of the offences or the offender shown in the art. 207, art.
208 and art. 209 par. (3) and (4) Criminal Procedure Code the criminal investigation was performed
by another authority, other than those stipulated in the mentioned texts2, he must take measures in
order that the investigation should be done by the competent authority. Under these circumstances, the
taken insuring measures, the processual documents or measures approved by the prosecutor, as well as
the processual documents which cannot be remade stay valid. The criminal investigation authority to
which the matter was referred hears the accused or the defendent and taking into account the issues
already carried out in the case, entails the degree of remaking the other processual documents and the
nature of new documents necessary for the completion of the criminal investigation.
2 The Return of the Case to Complete or to Renew the Investigation
The Criminal Procedure Code3 r egulates the circumstances when the prosecutor returns the case or
refers it to another investigation authority in order to complete or renew the investigation,
respectively:
1 Art. 268-269 Criminal Procedure Code
2 Art. 207 Criminal P rocedure Code refers to the competence of the investigation authorities of the judiciary police and art.
208 Criminal Procedure Code refers to the competence of the special criminal investigation authorities. Art. 20 9 par. (3) and
(4) Criminal Procedure Code establishes for which offences the criminal investigation is effected by the p rosecutor
compulsively.
3 Art. 265 Criminal Procedure Code
269

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