Autor: Oana Chichernea
Publicat în: Revista Pro Lege nr. 1/2021
Disponibil online: aici
Cuvinte-cheie: prorogarea de competență, procurorul militar, competența procurorului civil, doare reunite, infracțiuni comise de militari.
Joining of cases during criminal investigation. The competence to investigate the resulted case based on art. 43 (2) (c) of the Code of Criminal Procedure, in which a military is also involved
Abstract: The authors analyze from different perspectives and with various arguments, expressing opposite or concordant opinions, a legal issue arising in the judicial practice in the competence to carry out a criminal prosecution by the military prosecutor or by the civilian prosecutor for the situations in which was ordered the joining of a file in which the perpetrator is military (regardless of whether or not there are participants, military or civilian) and a file in which none of the persons targeted for having committed the crime has the status of military and is not a participant in a crime committed by a military.
Keywords: extension of competence, military prosecutor, competence of civilian prosecutor, joined files, crimes committed by military.