The role of the prosecutor in the investigations and prosecution phases of the criminal process in the light of the new romanian code of criminal procedure

• Author: Liviu Alexandru Lascu
• Position: University of Oradea, Oradea - Romania
• Pages: 72-76

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2013), pp. 72-76

72

THE ROLE OF THE PROSECUTOR IN THE INVESTIGATIONS

AND PROSECUTION PHASES OF THE CRIMINAL PROCESS IN THE

LIGHT OF THE NEW ROMANIAN CODE OF CRIMINAL

PROCEDURE

L. A. Lascu

Liviu Alexandru Lascu

Law and Economics Faculty, Social Sciences Department

Agora University of Oradea, Oradea, Romania

*Correspondence: Lascu Alexandru-Liviu, Agora University of Oradea,

8 Piaa Tineretului str., Oradea, Romania

E-mail: liviulascu@yahoo.com

Abstract

Among the other important changes the new Romanian Code of Criminal Procedure

have introduced in the criminal proceedings, those concerning the activity of investigating

and prosecuting entail some clarifications of the attributions, a renaming of certain

documents and acts issued by the Prosecutor, as well as expand the possibility for the

investigators or the Prosecutor for gathering any kind of evidence during the investigation

phases. In the same time, the legislator created guaranties of respecting the legal rights and

freedoms for the suspected person in as manner as for the prosecuted person.

Key words: ordinance, indictment, resolution, dismissal the case, waiving the

prosecution, judicial control of Prosecutor’s acts.

Introduction

In the recent years Romania went through a period of profound transformation in the

judiciary field, among the others, by adopting the New Civil Code in 2009 which came into

force in early 2013 as well as adopting a new Criminal Code by the Law no. 286/2009, which

entry into force is previewed on February 1, 2014 together with the new Code of Criminal

Procedure

1

. The adoption of a new package of civil and criminal codes, both in substantial

and procedural matters, is a crucial moment in the evolution of the Romanian legislation

2

.

If analyzing all the changes introduced by the new Romanian Code of Criminal

Procedure

3

(hence, the new R.C.C.P.) with regard to the activities of the prosecution phase,

contained in the Title I of the Special Part, we observe that most of them concern only some

formal aspects and just a few of them involve substantial changes in the matters relating to

the jurisdictions, attributions, procedural terms and the relationship between different

judicial bodies.

The renaming of some terms

In respect of the former changes, we may recall that all the prosecutor acts, like

ordering some procedural measures or closing a criminal file, with few exceptions, are going

1

See, L. R. Popoviciu, Legislative changes governed by the New C riminal Code in defining the notion of offense.

Legislator’s orientation: Romanian legislative tradition and European legal systems, in AIJJS no. 2/2012, p.

155.

2

Idem

3

See, The Law no. 135/2010 regarding the new Romanian Code of Criminal Procedure, published in the

Official Monitor of Romania, no. 486/15

th

of July, 2010.