Procedural Incidents Appeared When Finalizing the Criminal Accusation Stage

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

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

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