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- Title
32. Acord de recunoaştere a vinovăției. Extinderea urmăririi penale. Consecințe. Scopul termenului de 5 zile reglementat de art. 484 alin. (1) C. pr. pen.
- Abstract
1. As regards the crime of risk drug trafficking, the initiation of the criminal action was not ordered for a material act, but for 4 material acts, even if criminal prosecution was initiated in rem and continued in personam only for a material act and without ordering the extension of criminal prosecution in this case, according to Article 311 para. (1) of the Code of Criminal Procedure Under such circumstances, a report of rectification, filed in the special referral procedure with the agreement on admission of guilt, by which it was corrected the clerical error consisting in the fact that the order for the initiation of the criminal action did not insert the decision of extension of the criminal prosecution for other material acts of the crime of risk drug trafficking, it has no procedural validity since, on the one hand, the procedure governed under Article 278 of the Code of Criminal Procedure shall not allow the achievement of a procedural act overlooked in a certain stage of the criminal proceedings, and, on the other hand, the extension of criminal prosecution may only be made during criminal prosecution, and not subsequently to its completion, and thus, such a procedural act cannot be achieved within the special referral procedure with the agreement on admission of guilt. 2. The 5-day time limit governed by Article 484 para. (1) of the Code of Criminal Procedure and requested by the prosecutor's office for the remedy of the agreement's deficiencies, is not intended to allow to hide the errors related to the manner and time-limits of achievement of the procedural acts prior to the moment when the court is seized with the agreement on admission of guilt, but to provide the opportunity of covering the formal gaps of the agreement and of adding the mentions provided for under Article 482 of the Code of Criminal Procedure, which for various reasons have not been inserted therein.
- Subjects
CRIMINAL procedure; PROSECUTION; DRUG traffic; CRIMINAL codes; CRIME
- Publication
Romanian Case Law Review / Revista Română de Jurisprudenţă, 2019, Issue 4, p205
- ISSN
1844-6450
- Publication type
Article