Prosecutor’s participation in the civil trial. Prosecutor’s removal from the trial upon parties’ request. Nullity of the decision.

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

According to Art. 131 para. (1) of the Romanian Constitution, in the judicial activity the Public Ministry represents the general interests of the society and defends the legal order, as well as the rights and freedoms of the citizens. At the same time, pursuant to Art. 63 of Law 304/2004, the Public Ministry exercises, by its prosecutors, inter alia, duties such as: to file the civil claim, in the cases provided by the law; to duly attend the court sessions, to exercise the means of challenge against the court decisions, in the conditions provided by the law, to defend the legitimate rights and interests of minors, of the persons placed under interdiction, of the persons missing and of other persons, under the law. 
The forms of participation of the prosecutor in the civil trial are regulated by Art. 92 of the Civil Procedure Code.