ANALYSIS OF THE NORMATIVE FRAMEWORK AND OF THE DOCTRINE REGARDING THE VERIFICATION OF THE NOTIFICATIONS CONCERNING THE COMMISSION OF THE CRIME AND OF THE PROCEDURE FOR INITIATING THE CRIMINAL INVESTIGATION

Abstract

The criminal process begins with the registration of the notification regarding the crime and after that procedural actions can be carried out. In the time interval between the registration of the notification regarding the crime and the beginning of the criminal investigation, the criminal investigation body is entitled to carry out procedural actions pursuant to art. 279 of the Code of Criminal Procedure. From the moment of notification or self-notification until the issuance of the ordinance to initiate criminal proceedings, within this period, the finding body and the criminal investigation body may carry out only the procedural actions by which the rights of the parties are not infringed. At the same time, the initiation of the criminal investigation, or the refusal to initiate the criminal investigation, based on the ordinance of the criminal investigation body, will be considered the final limit of the verification phase of the notification regarding the crime. In case of starting the criminal investigation, by issuing the ordinance of the criminal investigation body, the respective procedural stage will determine the final limit of the verification phase of the notification of the criminal investigation body, on the one hand, and the initial limit of the phase - criminal investigation, on the other. Thus, it is not rational for the name of the beginning stage of the process to coincide with the name of the procedural act that allows the initiation of the criminal investigation - the beginning of the criminal investigation.