Autor: Irina KUGLAY, Laura TOMA-DĂUCEANU, Andra-Roxana TRANDAFIR
Publicat în: Revista Română de Drept Privat nr. 4/2018
Disponibil online: aici.
Cuvinte-cheie: desființarea înscrisului; anularea actului; nulitate absolută; nulitate relativă; acțiune civilă în procesul penal; răspundere civilă delictuală; restabilirea situației anterioare.
Titlul lucrării în engleză: Cancellation of documents and annulment of acts in criminal proceedings
Abstract: The article analyses two categories of measures frequently ordered in criminal proceedings: cancellation of documents and annulment of acts. Starting from the most diverse jurisprudential solutions, boundaries between the nature and the content of the two measures are formulated, based on the main distinction – between the act as instrumentum probationis and the act as negotium iuris. First, the conditions for ordering the cancellation of false documents in criminal proceedings are established – as a measure exclusively related to the criminal side of the proceeding –, as well as the relation between such measure and the facts subject to the criminal proceedings. The article then deals in detail with the issue of the annulment of acts, given that, in the criminal proceedings, the criminal action can only be joined by a civil action for tort liability; the authors refer to the institution of restoration of the previous situation and discuss, by detailing theoretically and going through a rich criminal case law, the possibility of assimilation, within the meaning of the criminal procedural provisions, of the sanction of the nullity of acts with a form of restoration of the previous situation. Without presenting certainties, the article highlights not only the need for doctrinal clarifications, but also for a legislative intervention.
Keywords: cancellation of the document; annulment of the act; absolute nullity; relative nullity; civil action in criminal proceedings; civil action for tort liability; restoration of the previous situation.