THE ROLE OF THE PROSECUTOR IN THE INVESTIGATIONS AND PROSECUTION PHASES OF THE CRIMINAL PROCESS IN THE LIGHT OF THE NEW ROMANIAN CODE OF CRIMINAL PROCEDURE
DOI:
https://doi.org/10.15837/aijjs.v7i4.850Keywords:
ordinance, indictment, resolution, dismissal the case, waiving the prosecution, judicial control of Prosecutor’s acts.Abstract
Among the other important changes the new Romanian Code of Criminal Procedurehave introduced in the criminal proceedings, those concerning the activity of investigating
and prosecuting entail some clarifications of the attributions, a renaming of certain
documents and acts issued by the Prosecutor, as well as expand the possibility for the
investigators or the Prosecutor for gathering any kind of evidence during the investigation
phases. In the same time, the legislator created guaranties of respecting the legal rights and
freedoms for the suspected person in as manner as for the prosecuted person.
References
The Law 255/2013 for the implementation of the Law no. 135/2010 on the Code of
Criminal Procedure and amending and supplementing certain normative acts which comprise
some criminal proceedings, published in the Official Monitor of Romania, no. 515 /14th of
August, 2013;
B. Micu, Drept procesual penal. Partea Specială, the 3-th edition, Carte Universitara,
Hamangiu Publishing House, Bucharest, 2013;
L.R. Popoviciu, Legislative changes governed by the New Criminal Code in defining
the notion of offense. Legislator’s orientation: Romanian legislative tradition and European
legal systems, in AIJJS no. 2/2012;
The Law no. 135/2010 regarding the new Romanian Code of Criminal Procedure,
published in the Official Monitor of Romania, no. 486/15th of July, 2010;
M. Udroiu, Procedură penală. Parte Generală. Parte Specială, the second edition,
C.H. Beck Publishing House, Bucharest, 2010;
The Romanian Constitution, as amended and supplemented by the Law amending the
Constitution no. 429/2003 published in the Official Monitor of Romania no. 767/ 31st of
October, 2003;
The Law no. 29/12th of November, 1969 regarding the Romanian Code of Criminal
Procedure, published in the Official Monitor of Romania, no. 145, 146 /12th of November,
