Some Considerations regarding the Plaintiffs in the Appeal against the Prosecutor’s Decisions not to Prosecute and not to Refer the Case to Court
Keywords:
complaint against criminal prosecution acts; complaint against criminal prosecution measures; criminal investigation body; prosecutor; preliminary chamber judgeAbstract
According to art. 339 par. (4) of the CPP, against the dismissal decisions ordered by the prosecutor by ordinance or indictment, a complaint may be filed within 20 days from the communication of the copy of the act by which the decision was ordered. If the complaint was rejected by the head of the prosecutor's office or the hierarchically superior prosecutor, a complaint may be filed with the preliminary chamber judge of the court that would have, according to the law, the competence to judge the case in first instance. In these situations, the holder of the complaint against the dismissal decision may be any person, if this has caused harm to his legitimate interests.
References
Anghel-Tudor, G., Barbu, A., Șinc, A.M., 2021. The Code of Criminal Procedure annotated with national and European jurisprudence. 2nd ed. Bucharest: Hamangiu
Lorincz, A. L., Marin, C., Popa, M.P., 2021. Cases in Criminal Procedure. Criminal Procedure Law. Bucharest: Universul Juridic
Negruț, G. 2025. Criminal Prosecution. Bucharest: Hamangiu, Bucharest
Theodoru, Gr., 2013. Treatise on Criminal Procedure Law, 3rd ed. Bucharest: Hamangiu
Uzlău A.S. et al., 2017. Commented Criminal Procedure Code, 3rd ed. Bucharest: Hamangiu
Constitutional Court by Decision no. 345/2006, published in the Official Gazette No. 415 of May 15, 2006
Law no. 15/1968 on the Code of Criminal Procedure, published in the Official Gazette No. 79-79 bis of June 21, 1969, currently repealed
Law no. 135/2010 on the Code of Criminal Procedure, published in the Official Gazette No. 486 of July 15, 2010, as subsequently amended and supplemented
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