Waiver of Prosecution

Bogdan Buneci ()
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Bogdan Buneci: Ecological University of Bucharest, Law School, Romania

Scientia Moralitas Journal, 2021, vol. 6, issue 2, 104-119

Abstract: The institution renouncing the prosecution was a novelty element introduced in the Code of Criminal Procedure, which entered into force on 1 February 2014 for the relief of the criminal courts with various minor cases. Initially, it was provided for the waiver of the prosecution ordered by the prosecutor under the conditions laid down by the law, and subsequently because of the decision of the Constitutional Court No 23/2016 on the admission of the exception of the non-constitutionality of the provisions of Article 318 of the Code of Criminal Procedure, the legislation has been amended to the effect that the order ordering the waiver of criminal proceedings after it has been verified by the superior prosecutor of the prosecution where the measure was ordered is confirmed by the judge of the chamber of first judges who would be responsible to him according to the law, jurisdiction to hear the case at first instance. The judge of the pre-trial chamber may accept or reject the prosecutor’s proposal that the prosecution be dropped, the judge’s conclusion being final and a further waiver can no longer be ordered for any reason.

Keywords: prosecution; order; public interest; prosecutor; judge of the pre-trial chamber; suspect or accused (search for similar items in EconPapers)
Date: 2021
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