Initiation/Commencement of Criminal Prosecution in the New Criminal Procedure Code

The initiation of criminal prosecution is always preceded by the notification of criminal investigation bodies (or the disclosure) about the commission of a crime, since it is not possible to start the criminal trial in the absence of such notification. Another (negative) condition is the nonexistence of any of the cases provided by art. 16 of the Criminal Procedure Code, otherwise they are closed prior to the commencement of criminal prosecution.The procedural act by which the prosecution is initiated, according to Article 305, paragraph 2, of the Criminal Procedure Code is the ordinance. The commencement of criminal prosecution is always ordered in respect of the offense, even if the person who committed the offense is indicated in the notice.