The procedure of cancellation of a document in the case of classification. Summoning the persons whose legitimate interests may be affected

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

The procedure of cancelling a document in the case of classification is a special procedure within which the pre-trial judge cannot examine the validity or lawfulness of the classification ordinance, the latter being specific to the special procedure of complaint against the solutions of non-prosecution or non-indictment. However, in this procedure, the persons to whom the ordinance should be communicated are not only those persons acting as the main procedural subjects, but also the persons having an interest, the persons whose legitimate rights and interests may be affected. Consequently, it is likely for a certain person not to have been involved in the criminal prosecution, but he or she may have legitimate rights or interests in relation to the settlement of the procedure provided for under Article 5491 of the Code of Criminal Procedure. In the case of documents subject to cancellation, the pre-trial judge is required to summon the persons who concluded or who are allegedly claimed to have concluded the respective document.