Presentation of romanian national systems of investigation, prosecution and evidence (Part I)
|Author:||Anca Augusta Lazar|
|Position:||Prosecutor within the Prosecutor's Office Attached to the Cluj Court of Appeal|
This study is the first part of a presentation of Romanian national legal system, with regard to investigation, prosecution and evidence in Romanian criminal procedural law. The study also contains comparative law elements with reference to the French legal system and is structured in several chapters regarding general aspects of the procedure, phases of the criminal procedure, as concerns the meaning of investigation and prosecution in the Romanian and French legal system and the meaning of bringing to trial in both legal systems, sources of criminal procedural law, bodies carrying out investigation and prosecution, with regard to investigation bodies of the criminal police, the prosecutor, specialised investigative bodies and certain bodies outside judicial structures. Other chapters of the study refer to threshold for initiating investigation and prosecution, the legality and opportunity principle, the status of the suspect/defendant, specialised procedure for financial criminal investigations. The chapters of the study regarding investigation measures refer to formal designation as a suspect, questioning the suspect pre-trial, interrogation of witnesses in the investigation stage (including complainants/injured party), arresting the suspect and detention for questioning, pre-trial custodial detention and house arrest, interception of postal communications (letters), electronic surveillance, monitoring of bank transactions, with reference to obtaining data on a person’s financial transactions and obtaining data regarding the financial status of a person. Other themes include tracking and tracing of objects and persons, data mining and profiling, access to relevant premises ('crime scene'), search and seizure, on-line search of computers, freezing, production orders (in particular for banks, service providers, public authorities and administrators of other data collections), invoking the assistance of experts to examine clues, infiltration, controlled deliveries. The study also analyses prosecution measures, with regard to opening of investigation and prosecution, unilateral disposal of the case (including remedy against it), multilateral disposal of the case (including negotiated justice, diversion and remedy against it), reopening of the case closed on different grounds, committing to trial and presenting the case in court. The study ends by focusing on evidence, with regard to the status of illegally or improperly obtained evidence, admissibility of written reports and status of evidence obtained in other member states. The second part of the presentation of Romanian national legal system will refer to the rights of the suspect/defendant during investigation and prosecution. Key words: Romanian national legal system, prosecution, Romanian criminal procedural law, comparative law, investigation measures, the legality and opportunity principle, the status of the suspect/defendant, negotiated justice, evidence.