Appeal for annulment. Inadmissibility. Ruling on resolving a complaint against the prosecutor's dismissal of the proceedings

DREPT PENAL ŞI PROCESUAL PENAL

Abstract

According to the provisions of Article 426 letter d) Code of Criminal Procedure, an appeal for annulment may be lodged against final criminal decisions when the appellate court was not composed according to law or there was a case of incompatibility. 
Also, according to Article 428 paragraph 1 Code of Criminal Procedure, the appeal for annulment for the reason provided by Article 426 letter d Code of Criminal Procedure may be introduced within 30 days after the decision of the court of appeal was served. 
From the corroboration of the two legal texts above, it results that the reason for contesting the annulment provided by Article 426 letter d) Code of Criminal Procedure may be invoked in the event that the case of incompatibility existed in the procedural cycle of the appeal. 
Therefore, the appeal for annulment, based on the reason provided by Article 426 letter d) Code of Criminal Procedure, can be directed only against a decision delivered in the ordinary appeal. 
In the present case, the appeal for annulment lodged by the petitioner is directed against a preliminary chamber decision which resolved a complaint against the prosecutor's dismissal of the proceedings. 
In view of the above, it is found that the present appeal for annulment is inadmissible, being filed against a decision that is not likely to be challenged with an appeal for annulment, as it was not delivered on appeal.