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- Title
PRACTICAL ASPECTS OF CRIMINAL INVESTIGATION OBJECT AND BODIES.
- Authors
BARBU, Denisa
- Abstract
In the criminal process, the essential procedural functions that are carried out during the procedural phases, which are made up of all the procedural and procedural acts and measures that have a generally limited purpose, are distinguished. After solving the problems at each procedural stage, a solution is made according to which the criminal case passes to the next stage. Thus, the criminal prosecution function and the disposition function on the fundamental rights and freedoms of the person are exercised within the criminal investigation phase which we can say has a special role due to its own purpose and function. Criminal prosecution is a mandatory stage in the criminal process, thus passing through each stage from the referral to the end of the criminal investigation. By way of exception to this rule, we have the situation where although the criminal investigation phase ended with a non-adjudication solution, the judicial activity continues following the order of the preliminary chamber judge, legal provision according to art. 341 par. (7) point 2 lit. c) of the Code of Criminal Procedure and reads as follows: "In the cases in which the criminal proceedings were ordered, the preliminary chamber judge ... admits the complaint, abolishes the contested decision and orders the commencement of the trial on the facts and persons for who, during the criminal investigation, has initiated the criminal proceedings, when the legally administered evidence is sufficient, sending the file for random assignment".
- Subjects
CRIMINAL investigation; CRIMINAL procedure; CRIMINAL law; CIVIL rights; ADMINISTRATIVE procedure
- Publication
Valahia University Law Study, 2018, Vol 32, Issue 2, p52
- ISSN
2247-9937
- Publication type
Article