IDEAS home Printed from https://ideas.repec.org/a/smo/journl/v6y2021i2p104-119.html
   My bibliography  Save this article

Waiver of Prosecution

Author

Listed:
  • Bogdan Buneci

    (Ecological University of Bucharest, Law School, Romania)

Abstract

The institution renouncing the prosecution was a novelty element introduced in the Code of Criminal Procedure, which entered into force on 1 February 2014 for the relief of the criminal courts with various minor cases. Initially, it was provided for the waiver of the prosecution ordered by the prosecutor under the conditions laid down by the law, and subsequently because of the decision of the Constitutional Court No 23/2016 on the admission of the exception of the non-constitutionality of the provisions of Article 318 of the Code of Criminal Procedure, the legislation has been amended to the effect that the order ordering the waiver of criminal proceedings after it has been verified by the superior prosecutor of the prosecution where the measure was ordered is confirmed by the judge of the chamber of first judges who would be responsible to him according to the law, jurisdiction to hear the case at first instance. The judge of the pre-trial chamber may accept or reject the prosecutor’s proposal that the prosecution be dropped, the judge’s conclusion being final and a further waiver can no longer be ordered for any reason.

Suggested Citation

  • Bogdan Buneci, 2021. "Waiver of Prosecution," Scientia Moralitas Journal, Scientia Moralitas, Research Institute, vol. 6(2), pages 104-119, December.
    • Handle: RePEc:smo:journl:v:6:y:2021:i:2:p:104-119
    as

    Download full text from publisher

    File URL: http://www.scientiamoralitas.com/index.php/sm/article/view/103
    Download Restriction: no
    File URL: http://www.scientiamoralitas.com/index.php/sm/article/view/103/97
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:smo:journl:v:6:y:2021:i:2:p:104-119. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Eduard David (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.