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The Complaint Against the Prosecutor’s Decision not to Indict, from the Perspective of the New Code of Criminal Procedure. Perspectives of a New Legislation

Author

Listed:
  • Andreea UZLAU

    (Univ. Lecturer Ph.D. Candidate, Christian University Dimitrie Cantemir, Bucharest)

  • Carmen UZLAU

    (Scientific researcher, Romanian Academy; Univ. Lecturer PhD. Hyperion University, Bucharest)

Abstract

The article is an analysis of the complaint against the prosecutor’s decision not to indict, from the perspective of the new Code of criminal procedure and of the amendments which are intended to be brought to this law, through the law implementing the Code of criminal procedure, which is currently in the drafting procedure at the level of the Ministry of Justice. The article deals with the subject, the holders and the term of the complaint as well as issues concerning the jurisdiction and the settlement procedure, which are of current interest for both theorists and especially for law practitioners, starting with the numerous problems that may arise in this field, as well as with the frequency with which such problems are to be found in the jurisprudence of the courts.

Suggested Citation

  • Andreea UZLAU & Carmen UZLAU, 2012. "The Complaint Against the Prosecutor’s Decision not to Indict, from the Perspective of the New Code of Criminal Procedure. Perspectives of a New Legislation," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1(3), pages 259-273, July.
    • Handle: RePEc:lum:rev4rl:v:1-2:y:2012:i:3:p:259-273
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    Keywords

    complaint against prosecutor’s decision; criminal procedure; the new Code of criminal procedure; decision not to indict; pre-trial judge;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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