Criminal prosecution in rem. Complaint against nolle prosequi. Jurisdiction of settlement

DREPT PENAL ȘI PROCESUAL PENAL

Abstract

In the context in which, the subject-matter of investigations was represented only by acts alleged to be committed by persons, without a special capacity, for offences for which, the hearing jurisdiction in the court of first instance rests with the court of first instance, the preliminary chamber judge at the Court of Appeal has no power to settle the complaint against the nolle prosequi, even if in the reasoning of the initial complaints any alleged acts of a lawyer are also invoked. The criminal prosecution in rem only aimed at the issues related to the acts complained of within the responsibility of persons without having a  special capacity, not acts within the responsibility of the person, whose special capacity would attract the power of the adequate prosecutor and, consequently, the trial in the court of first instance of the case by the Court of Appeal.