Appeal against the ruling of the preliminary chamber judge by which any irregularities of the document instituting the proceedings shall be found or the exclusion of some evidence is ordered

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

According to art. 347 paragraph (1) of the Code of criminal procedure, the court orders provided for by art. 346 paragraphs (1)-(4) of the Code of criminal procedure shall be subject to appeal within 3 days from their communication (respectively those by which a final solution is ordered, either at the beginning of the trial, or returning the case). Per a contrario, court orders regulated by art. 345 of the Code of criminal procedure (by which it is found any irregularities of the document instituting the proceedings, evidence shall be excluded etc. ) shall not be subjected to the appeal separately, but only at the same time as the final court order, regulated by art. 346 paragraphs (1)-(4) of the Code of criminal procedure. Therefore, the appeal filed by the prosecutor’s office (or by other party, as the case may be), filed within the legal deadline against the final court order, aims at all court rulings preliminary to the ruling of the solution to commence the trial or to return the case, including those court rulings delivered according to art. 345 of the Code of criminal procedure. At the same time, the court orders rendered in the court of first instance, provided for by 345 of the Code of criminal procedure, shall not be final, in the absence of an express provision to this end.