The criminal charge

Author:George Octavian Nicolae - Sebastian Bogdan Gavril?
Position:PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest; Judge (e-mail: nicolae.georgeoctavian@yahoo.com). - Judge at First Instance Court Bucharest.
Pages:105-111
LESIJ NO. XXIV, VOL. 1/2017
THE CRIMINAL CHARGE
George Octavian NICOLAE
Sebastian Bogdan GAVRILĂ
Abstract
The process of criminal prosecution against a particular individual is ordered by the prosecutor or law
enforcement investigator by ordinance. After the decision to carry on with the criminal investigation,
the suspected person, the perpetrator acquires a legal standing which a llows a full spectrum of rights
and obligations stipulated by law. This project is focused on the link between our national criminal law
regulation regarding the criminal investigation and the deman ds of the European Convention for
human rights.
Keywords: criminal prosecution; European Convention on Human Rights, criminal law,
reasonable suspicion, criminal charge.
1. Introduction
The start of the criminal investiga tion
proceedings has undergone significant
changes under the provisions of the new
Criminal Procedural Code over the old
regulations of 1968.
Thus, according to art. 305 of the
Criminal Procedural Code, "when the
preliminary criminal complaint fulfils the
conditions stipulated by law, the investigator
begins criminal proceedings regarding the
committed or prepared illicit act, even if the
author is indicated or known”.
Compared with the provisions of the
Criminal Procedural Code of 1968, which in
art. 228 stated that " the investigator notified
by resolution, begins criminal proceedings
when from the content of the complaint or
from the preliminary investigatory acts does
not result any legal impediment stipulated
in art. 10” we may ascertain the occurrence
PhD Candidate, Faculty of Law, “Nicolae Titulescu” University of Bucharest; Judge (e-mail:
nicolae.georgeoctavian@yahoo.com).
 Judge at First Instance Court Bucharest.
of two major changes in the national
criminal policy.
2. Content
Firstly, according to the Former
Criminal Procedural Code, after notification
the prosecution could commence
proceedings regarding both the offense (in
rem), and on one particular person (in
personam). Nowadays, authorities are
required to begin with the in rem phase, even
if in the complaint the offender is indicated
or enough information exists to allow his
identification in order to concentrate the
investigation on a particular individual
prosecution (initiation of the in personam
phase).
The ne w Pro cedural Code thus
establishes the obligation of the prosecution
to be initiated only regarding an offense, so
initially it ca n capitalize only on the in rem
part of the process.

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