Criminal procedural law issues in the practice of the Prosecutor's Office attached to the Târgu Mureş Court of Appeal and the prosecutor’s offices under its jurisdiction, in the year of 2018

Abstract

1. The civilly liable party can be brought into the criminal trial, as a rule, until the final moment of the investigating phase. By exception, the civilly liable party may also be brought directly into the preliminary chamber procedure, if two conditions are met: (1) all the specific precursory measures must be taken in favor of the civilly liable party and (2) a minimum of 20 days must be offered to the civilly liable party, so that he or she can be able to file requests and exceptions.

2. The company whose manager is the defendant (natural person) against whom the criminal action for the crime of tax evasion has been set in motion should be the defendant. It may acquire the status of civilly responsible party, only if it does not participate in the criminal proceedings as a defendant. The addition of the two qualities, regarding one and the same act, in relation to one and the same company, is excluded.

3. If in a first case a criminal action is set in motion for committing an intentional offence and, subsequently, the defendant commits a new intentional offence, for which the criminal action is set in motion in a second case, the preventive arrest motivated by the incidence of the case provided by Article 223 para. 1 lit. d) from the Code of Criminal Procedure is to be ordered in the first file.

4. The judicial costs in the case of closing the criminal action during the investigating phase, prior to the criminal action’s set in motion, on the grounds of reconciliation, shall be covered by the active subject of the offence, which may be the perpetrator or the suspect, and the passive subject of the offence, who, procedurally, has the quality of an injured person.

5. The judicial costs in the case of the criminal proceedings’ termination, on the grounds of reconciliation, shall be covered by the defendant and the injured person, even if the defendant declares that he agrees to fully cover them.

6. The time to file a prior complaint, concerning time-consuming offences, begins when the injured person finds out about the consumption of the offence.

7. Subsequent to the invalidation of the classification order, on the grounds that the criminal prosecution was not ordered, no documents were filed, no evidence was obtained and the classification was not ordered regarding all the acts which were the object of the complaint, the hierarchical superior prosecutor shall order the reopening of the investigating phase, which shall be subject to the confirmation by the preliminary chamber judge.