Submitting the preliminary complaint to an express courier service within the time limit. Calculation of the deadline for the submission of the complaint in the case of crime of serious bodily harm

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

The Government Emergency Ordinance no. 13/2013 is the normative act sufficient to admit that, within the meaning of Article 270 para. (1) of the Code of Criminal Procedure, the sender may submit the mail item not only to an office of Compania Naţionala „P. R. ” – S. A. , but also to an office which provides postal services by any other postal services supplier operating according to the hereinabove mentioned Government Emergency Ordinance, without the need to this end, according to Article 183 of the Code of Civil Procedure, for an express reference in Article 270 of the Code of Criminal Procedure, to the express courier service or to a specialized communication service. According to Article 296 para. (1) of the Code of Criminal Procedure, „the preliminary complaint must be lodged within 3 months from the day when the injured person found about committing the offense. ” The interpretation of this text conveys, on the one hand, the idea that a quo moment from which the period of lodging the preliminary complaint begins to run is not related to the date on which the injured person has taken note of the action/inaction, but to the date on which the respective person has learned about the committing of the offense, which means both action/inaction, and the resulting consequence. On the other hand, since the preliminary complaint represents a condition for the initiation of the judicial procedure and for being susceptible to punishment in the criminal proceedings, the reference to offense shall cover the offense provided for by the criminal law and not any offense which is not incriminated by the criminal law. When the incrimination of an offense is attached to the intensity of the produced result, as in the case of the serious bodily injury provided for under Article 196 para. (2) of the Criminal Code, finding out about the committing of the offense shall not mean finding out about the committing of the action/inaction, however, about the result produced, and this is precisely what emphasizes the criminal nature of the offense.