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The Competency of Changing the Deed Legal Framing in Case of Case Declination By the Competent Body. Resumption and Repetition of the On-Site Investigation Cover

The Competency of Changing the Deed Legal Framing in Case of Case Declination By the Competent Body. Resumption and Repetition of the On-Site Investigation

Open Access
|May 2022

Abstract

The criminal cases solved lately by the Prosecutor’s office by the court and by the local prosecutor’s offices brought under discussion and caused various opinions on the competency of changing the legal framework of the deed by hitting or other violent acts to attempted murder provided the competency being declined by the prosecutor’s offices by the district courts to the prosecutor’s office by the county court. This issue has become particularly important in view of the recent finding by the Constitutional Court that the elimination from absolute nullities of non-compliance with the rules of substantive jurisdiction and according to the quality of the person of the criminal prosecution bodies is unconstitutional [1]. There are also different points of view regarding the resumption and repetition of the on-site investigation, the conditions in which they intervene, who continues to carry it out, but also the way in which their forensic fixation is fixed.

DOI: https://doi.org/10.2478/jles-2022-0009 | Journal eISSN: 2457-9017 | Journal ISSN: 2392-7054
Language: English
Page range: 142 - 153
Submitted on: Feb 1, 2022
Accepted on: Apr 1, 2022
Published on: May 19, 2022
Published by: Vasile Goldis Western University of Arad
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2022 Pavel Palcu, Anca Florina Moroșteș, published by Vasile Goldis Western University of Arad
This work is licensed under the Creative Commons Attribution 4.0 License.