Acta Universitatis Danubius. Juridica, Vol 5, No 1 (2009)

A Plaintiff’s Prior Complaint Substantive and Formal Requirements

Angelica Chirila


The requirements related to contend of a prior complaint consider, as case may be, the attribute of representing a requirement of punishment likelihood or of that of legal proceedings. The text of article 283 Code of Criminal Procedure on the contends of prior complaint, states its elements which we intend to examine so that we may consider whether or not a prior complaint is properly filled in and what are the consequences of any irregularities. The legal efficacy of any prior complaint is therefore determined by its contends and this is why some of the elements specified below are provided under the penalty of being considered null and void, their deficiency thus attracting the legal inefficiency of the prior complaint, being considered a null document or, as some scholars may point out, as inexistent.


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