Autori: Marius-Bogdan-Ionuț COMȘA, Florena-Esther STERSCHI
Publicat în: Revista Pro Lege nr. 3/2020
Disponibil online: aici
Cuvinte-cheie: disjungere, declinare, infracțiune concurentă, interpretarea probelor, independența procurorului, modul de soluționare al cauzei, rechizitoriu, revizuire.
The solution ordered by the prosecutor on the occasion of solving the criminal case resulting from the splitting ordered by the indictment drawn up by a prosecutor from a hierarchically superior prosecutor’s office, for a concurrent offence, may contain interpretations of evidence different from those contained in the initial indictment, which may be able to influence the manner the case is resolved in court
Abstract: The authors of the present study intend to carry out a complex and rigorous analysis of the legal provisions regarding the solutions ordered by the prosecutor on the occasion of the settlement by the disjunction of a criminal file, ordered by indictment, in the case of a competing crime, related to the interpretations of the probator, subsequently, other than those initially retained by the referral document, in such a way the interpretations will influence the judicial investigation that resulted with the pronouncement of a final court decision.
Keywords: splitting, declination, indictment, concurrent offence, interpretations of evidence, independence of the prosecutor, manner of resolving the case, review.
