The special procedure for the destruction of documents in criminal proceedings and the procedure for the investigation of forgery by the civil court. Comparative aspects and practical issues

VARIA

Abstract

Not infrequently, judicial practice has highlighted elements of confusion and inefficiency when the procedure of investigating the forgery by the civil court enters into conflict with the special procedure of invalidating documents in case of closing the case, against the background of a lack of standardization of the regulation of the criminal procedure with the civil procedure.

Circumstances such as the false registration, notification by the civil court to the criminal investigation bodies in order to investigate the forgery, the suspension of the civil trial, the inability to engage a possible criminal liability, but also the existence of the right or, as the case may be, the prosecutor's obligation to request the invalidation of the documents following the closing of the criminal file represent elements that would justify, if not actually impose, a reconsideration of the authority to invalidate the documents when closing the case.

Keywords: dissolution of the writs; preliminary chamber judge; dismissal; statute of limitation; statement of forgery; civil court; investigation of forgery.