Considerații referitoare la un nou caz de nulitate absolută în dreptul procesual penal

Autor: Leontin CORAȘ
Publicat în: Revista Dreptul nr. 10/2019
Revistă disponibilă online: aici
Considerations referring to a new case of absolute nullity in criminal processual law
Abstract: The article presents the constitutional landmarks which justify the sanction of the absolute nullity of the violation of the provisions referring to the material competence and competence according to the person’s quality of the criminal investigation body and analyzes this nullity from the perspective of the processual and procedural documents that establish the sanction, which has the effect of resumption of the criminal prosecution by the competent body or the exclusion of some processual documents or probative procedures.
Keywords: material competence and competence according to the person’s quality of the criminal prosecution body; absolute nullity; relative nullity; sending the case for the resumption of the criminal prosecution;