Supremația Dreptului (Sep 2021)

Peculiarities in examination of complaints in the order of the provisions of the article 313 of Criminal Procedure Code

  • Daniela STIRBU

DOI
https://doi.org/10.52388/2345-1971.2021.e2.10
Journal volume & issue
Vol. 2
pp. 123 – 130

Abstract

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Free access to justice is guaranteed at all procedural stages, namely the protection of human interests, rights and freedoms in criminal proceedings, including the observance by the judge of the person’s right to examine the complaint about the actions and illegal acts of a criminal investigative body or of the body performing operative investigative activities in a fair manner. The complaint about the actions and illegal acts of a criminal investigative body or of the body performing operative investigative activities, is examined by the investigating judge, respectively the task of the investigating judge is to prohibit any alleged abuse of the criminal investigation bodies and of the bodies performing operative investigative activities, in which the legitimate rights and interests have been violated by these bodies, in case if the person disagrees with the result of an examination of his/her complaint by the prosecutor or did not get a response to his/her complaint from the prosecutor within the timeframe provided by law. In the same context, it should be mentioned that the regulations of art.313 CPC, aim to ensure free access to justice and the right of any person to a fair trial

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