EIRP Proceedings (Jun 2009)
Procedural Incidents Appeared When Finalizing the Criminal Accusation Stage
Abstract
The finalization of the first stage of any criminal case obliges the prosecutor to check up on thelegality and the validity of the criminal investigation acts performed by the police authority whose activity ismonitorized by him. This obligation considers first the verification of the constituent documents of thecriminal accusation – the beginning of the criminal accusation, the start of the criminal action, thepresentation of the criminal accusation material of the defendant and the completion of the accountcontaining the proposal to finalize the criminal accusation by the police authority. Within this context, it isverified if the criminal accusation documents have been drawn up with the compliance of the legalstipulations, followed by the finding if all the evidence have been collected, necessary to find the truth in therespective case and if all implying criminal or civil aspects have been elucidated . According to theestablished deficiencies in the police investigation activity, the prosecutor can entail : the reference to thecompetent authority, the return of the case with a view to complete or to remake the accusation, theresumption of the criminal accusation. These solutions can be entailed by the prosecutor ex officio or on theoccasion of solutioning the complains against criminal investigation documents formulated by thoseinterested due to drawn illegal documents. At the same time, by initiating the procedure of complainingagainst the prosecutor’s acts, the legality and the validity of a solution adopted in the criminal accusationstage can be analyzed by the court.
