Some Aspects Regarding the Institution of Waiving Criminal Prosecution

Abstract

Among the four phases of the criminal process, the criminal investigation occupies a special place as a pre-trial activity, strictly necessary in terms of protecting the innocent against unjustified coercion. According to the legal provisions, the criminal investigation is a mandatory phase in all criminal cases, having a strict delimitation both in terms of its development in time and in terms of the activities carried out during it. Given that the initial limit is determined by the aspect of the beginning of the procedural legal relations between the subjects participating in solving the criminal case and corresponds to the initiation of the criminal process, the final limit is represented either by the referral to court - a moment marked by the indictment given by the prosecutor, or by the solution of not sending to court, a situation in which the prosecutor issues an order classifying or ordering the abandonment of the criminal prosecution.