Autor: Mihai-Costin TOADER
Publicat în:
Revista Dreptul nr. 1/2019
Revistă disponibilă online:
The incompatibility of some procedures. Confirmation of abandonment of criminal prosecution and special confiscation
This study aims to debate the question of the moment when the prosecutor should address the preliminary chamber judge in view of ordering the safety measure of the special confiscation, a procedure provided by the provisions of Article 549 of the Criminal Procedure Code, by reference to the moment of adoption of the processual solution of abandonment of the criminal prosecution, according to Article 318 of the Criminal Procedure Code. As a result of a non-unitary judicial practice, the author elaborates a few theses to decrypt the relevant provisions, he emphasizes the lack of uniformity of the judicial solutions and offers a way of settlement of the legal problem under dispute, which is perfectible.
Keywords: abandonment of criminal prosecution; special confiscation; incompatible procedures; right to a fair trial; prematurity of introduction of the application; inadmissibility;