Complaint against the prosecutor’s order not to start a criminal investigation or to drop charges. Parties of the case. Relocation of the case. Admissibility

Abstract

According to Article 72 from the Criminal Procedure Code, relocation of the case may be requested by the parties, by the injured party of by the prosecutor. According to Article 32, read jointly with Article 33 from the Criminal Procedure Code, the notion of parties in the criminal trial refer to the accused person, the civil party, the civil responsible party, as well as the main procedural subjects, namely the suspect and the injured party.

From a stricto sensu approach, the persons involved in the procedure regulated by Article 341 from the Criminal Procedure Code are not to be considered parties. The provisions of Article 72 from the Criminal Procedure Code must be analysed through a broader approach. Therefore, in the category of persons entitled to request the relocation of the case must be included those who have the quality of "parties" in the resolution of the complaint by the preliminary chamber judge.