2018
Anastasiu CRISU, Professor, Faculty of Law, University of Bucharest, Certain considerations on the importance of the writ of summons in the criminal trial
Abstract: The writ of summons is perceived as being essential both for triggering the criminal trial and also for each phase thereof. Starting the criminal trial and, subsequently, arguing the case before the court of law are equally dependent on the writ of summons.
Its imperfections constitute a legal impediment to the commencement of criminal prosecution or, if identified with respect to the writ of summons addressed to the court of law, determine the unravelling of the criminal prosecution as a phase of the criminal trial. For all these reasons, studying both the effects triggered by this legal institution in each phase of the criminal trial and also the applicable sanctions (if irregularities with respect to its conclusion are identified) is of paramount importance.
The hereby study aims at analysing not only the writ of summons for each phase of the criminal trial but also the adjacent legal institutions, that is reviewing the writ of summons and the sanctions for any irregularities thereof.
Key words: methods and writs of summons of criminal investigation authorities; commencement of criminal investigation; review of the judicial authorities jurisdiction; review of the writ of summons addressed to the court of law; preliminary hearing; sanctions for irregularities of the writ of summons
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