Criminal action. Moving to the prior complaint. Cessation of criminal proceedings. Lack of prior complaint (art. 157 Penal Code)

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

If, after the entry into force of the new code of criminal procedure, which provides for the offense of non-observance of the judicial decisions provided by art. 287 par. (1) let. g) Criminal Code that the criminal action is moved to the preliminary complaint of the injured person, the criminal investigation bodies have called the injured person to specify the procedural position and he has indicated that he does not want to make a new declaration as an injured party, but expressly stated that he maintains all previously given statements that „correspond to the submitted complaint”, expressly mentioning in the same report the intention of the injured person to give new statements to the prosecutor's office, if deemed necessary by the prosecutor, the provisions of art. 297 par. 2 Criminal Procedure Code were respected. The manifestation of will of the injured person for continuing the criminal trial implies that he maintains his criminal complaint, the judicial control court noting that the provisions of art. 297 par. (2) Cpc obliges the criminal investigation bodies to verify the will of the injured person and not to make a new preliminary complaint under the conditions of art. 295 reported to art. 289 Cpc.