Acta Universitatis Danubius. Juridica, Vol 15, No 2 (2019)

Renunciation of Criminal Prosecution. Non-Constitutionality of the Provisions of article 318, par. (16) Thesis II of the Code of Criminal Procedure

Ion Rusu

Abstract


In this study we have examined the provisions of art. 318 para. (16) Thesis II of the Code of Criminal Procedure, in the light of constitutional provisions.

The examination highlights the unconstitutionality of these provisions, because by applying them, the legislator obliges the case prosecutor to adopt a solution that he does not consider legal.

The study can be useful to the legislator from the perspective of operating some modifications of the analyzed text, as well as to the practitioners who can invoke it in criminal proceedings.


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