Aspects regarding the waiver of the prosecution

  • Iulia Raluca Andrița Faculty of Law, Babeș-Bolyai University, Cluj-Napoca
Keywords: waiver of the prosecution, conditions, absence of public interest, elements of unconstitutionality, revocation of the order


The subject of this study is the waiver of the prosecution. This research aims to analyze an institution that has sparked many discussions in the practice and legal doctrine, using both a separate, and a comparative approach to the opinions formed with its inception.

Among the main aspects analyzed are the conditions for the ordering of the solution of waiving the criminal investigation, on which occasion we highlighted the importance of analyzing the subjective criteria for determining the absence of public interest in continuing the criminal investigation. Likewise, in this study we proposed some solutions that would lead to the compliance with the constitutional norms when considering the imposition on the suspect or defendant of the obligation to perform unpaid work in the benefit of the community. In the last section, dedicated to the presentation of the revocation of the order, providing for the waiver of the prosecution, we tried to underline some shortcomings of the current regulation, showing that these deficiencies can lead to unfair situations, aspects that were widely presented in this article.

Therefore, starting with the reason of the regulation, continuing with the analyzation of the conditions need to be fulfilled and concluding with a debate on the revocation of the order to waive the prosecution and its legal effects, the main goal of this article is to reach the essential features of this institution, in the hope that it will outline a complex and debate-generating image.