A few aspects regarding the delegation of criminal judicial bodies

Abstract

An expansion of the mechanism of delegation is reflected in caselaw, with predilection during the criminal investigations, most specifically in those cases in which the prosecutor is required to directly carry out the investigations of crimes. The following article approaches from a theoretical and practical perspectives the legal regulation regarding the delegation, considering both the advantages and the disadvantages of this procedure. As such, firstly, we will approach the aspects regarding the definition, the purpose, and the object of delegation, considering the fact that these parameters are essential in order to justify the use of this procedural mechanism. Further on, the disposition and the execution of delegation will be analysed separately. As we will discover, the imprecisions reflected by the current regulations in terms of delegation raises serious problems in the judicial practice since the mechanism of delegation, as configured in the current regulation, has been entirely copied from the previous Criminal Procedure Code, without being adapted to the requirements and the particularities of the current Criminal Procedure Code. Finally, we will point out the procedural sanctions that apply in case of violations of the legal provisions that establish the mechanism of delegation in the criminal trial.