EVOLUŢIA INSTITUŢIEI DE RELUARE A URMĂRIRII PENALE

Abstract

Article 287 of the Code of Criminal Procedure provides the possibility of the resumption of criminal prosecution after the adoption by the prosecutor of a decision not to send the criminal case to the court.The purpose of the study was to identify to what extent the legislative evolution of the text of the concerned article removed the confusing controversies and situations existent before the entry into force of the Law No. 316 of December 22nd, 2017, which contains the latest modifications up to date, made in relation to the institution of criminal prosecution resumption.Would the current provisions of the art.287 of the Code of Criminal Procedure be sufficient in order to guarantee the principle of non bis in idem on the one hand and, on the other hand, ensure an effective investigation? Is it rational or not to exclude the prosecutor of the case from the circle of persons that can cancel a decision of the liberation of the person from criminal prosecution, of the termination of criminal prosecution or cessation of criminal prosecution? These are matters that certainly present a theoretical importance, but with an immediate practical impact.

Keywords

• non bis in idem, resumption of criminal prosecution, new facts, recently discovered facts, fundamental vice, prosecutor, investigative judge