Theoretical, legislative and judicial aspects regarding the resumption of criminal prosecution

Abstract

Whatever the manner in which the prosecutor, as the bearer of the function of criminal prosecution, resolves the case, this fact does not exclude the possibility of returning to the same procedural framework.

The criminal procedural institution with an eventual character, as an exception, which seeks to bring the criminal process on the line of normal conduct by reactivating the course of criminal prosecution, in the hypotheses provided by law, is known as the resumption of criminal prosecution.

In the criminal procedure regulation currently in force, the criminal prosecution is resumed in case of: the termination of the suspension of the case; the restitution of the case to the prosecutor's office by the preliminary chamber judge; the reopening of the prosecution. Also, except for these cases expressly regulated in the content of Article 332 para. (1) of the Code of Criminal Procedure, the resumption of the criminal prosecution also, implicitly occurs, in another hypothesis, characteristic of the special trial procedure based on the plea bargaining concluded between the prosecutor and the defendant.