2015
Ioan Paul Chiș, Reopening the Pre-trial Phase followed by the Judge Confirmation. Exception
Abstract: The New Criminal Procedure Code has introduced a judicial procedure for
the confirmation of a reopening of the pre-trial phase, thereby eliminating the
discretionary power of the prosecutor to resume the proceedings at his/her
will, even in violation of rights guaranteed by the European Convention of
Human Rights.
The
necessity to confirm the reopening of the pre-trial phase has been required for
reasons of precariousness of prosecutor’s solutions not to indict,
since the decisions issued by the Prosecutor-General’s Department do not have
res judicata powers.
This paper attempts to
demonstrate that, if the hierarchy of the concerned prosecutor admits the
complaint brought against the decision not indict, there will not be the case
to decide on the reopening of the proceedings followed by the judge
confirmation.
Key-words: reopening the pre-trial phase, res judicata, complaint, non-indict
solutions
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