2014

Teodor MANEA, PhD Student, Faculty of Law, University of Bucharest, Role and Responsabilities of Prosecutor within Criminal Trial – comparative Aspects between New and Old Legislation
Although, within the legal litterature, the role and the responsabilities of the prosecutor do not fundamentally change, the practical implications brought by the Code of Penal Procedure in this field are explicit. These implications assert themselves insofar at the level of the base function of the Public Ministry, that of wielding penal action, but just as well when discussing the way in which it performs its responsabilities within the pale of the trial.

In respect of the first aspect, through the presence of the express regulation of the procedural functions, the Code of Penal Procedure embodies the prosecutor to be the sole caretaker of the criminal proceedings. An indication of this reality is the abolition of the court’s ability of actuating by itself the public action.

In respect of the second aspect, the Code of Penal Procedure moves towards significantly by reducing the competence of the prosecutor while performing its procedural role. This has been accomplished by either the abolition of some of the provisions that the prosecutor had at his disposal such as the restoration of the parties to earlier circumstances or asset seizure; or by subjecting some of the provisions that the prosecutor had at his disposal to judicial review, such as is the case with the resumption of the prosecution, the infliction of the judicial magisterial forfeit and the affixation of provisional measure.

Supposing that for some of these new solutions we can easily find averment in the need of ensuring the equitability of the proceedings, some remain devoid of either theoretical or practical standpoint explanation, an obvious example being the necessity of having subjected to the review of the judge the directive of resuming prosecution.The expedience of the directives present in the legislation on penal procedure remains to be witnessed in time,as the case law is the only way of establishing whether or not the adopted solutions are more appropriate than those present/regimented in the inveterate code.

Key-words: Public Ministry, exercise of penal action, Judicial Review, abridgment of authority

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