Practical issues regarding the change of the legal classification

DEZBATERI

Abstract

In the case in which, following the initiation of the criminal prosecution, any new offences or circumstances which may determine the change of the legal classification of the offence are found, the criminal prosecution body orders to this end according to an ordinance. After notifying the court, a change of the legal classification of the offence may be made, for which the defendant was brought before the court, but only after the initiation of the trial, as the court rules on the change of the legal classification of the offence indicated in the writ of summons under a court order which shall not settle the merits of the case. In applying this provision, any issues may arise as the change of the legal classification of the offence involves an expression of the view of the judge of the case regarding the objective and subjective specificity of the offence, issues on which he shall rule upon deliberation regarding the merits of the case. The change of the legal classification of the offence before the court of appeal calls into question another problem, as there is already a decision delivered in the court of first instance in which a legal classification was acknowledged, respectively the classification acknowledged in the writ of summons, or a different classification, as a result of the change of the initial legal classification. 

Keywords: legal classification, change of the classification, substantive conditions, procedural documents