Abstract

The study is based on the author’s explanation of the modification of charging in the meaning of its aggravation; explanations based on logical and legal reasoning; literal and systemic interpretation of the legal provisions. The article sets out the modalities, conditions and cases when there can be operated the modifications of the charge (in the sense of its aggravation) under the par. (1) and (2) of art.326 CCP. There are also exemplified classifications of the factual circumstances, related to the cases (situations) provided by the legislator in the legal text of art.326 CPP, as well as answers to several questions fixed for research purposes. Ab initio, from the prospective of the author’s opinion, there are explained notions used by the legislator in the legal text of art.326 CCP, and expressed answers to the following questions: 1) What is the meaning of “more serious crime than the one previously incriminated” in the context of paragraph (1) of the nominated article? 2) How should we appreciate the legal text - “the time required to prepare the defense for the new accusation”. 3) How to perceive the phrase - “another criminal offense” in the context of par. (2) article 326 CCP ? 4) What are the particularities of the “new circumstances” that are capable to influence the legal classification of the accusation brought against the defendant? 4) What are the peculiarities and circumstances of the offense committed in co-participation? 5) What does the unjustified or unlawful removal from criminal prosecution mean? The delimitation of the concepts: unjustified removal and unlawful removal from criminal prosecution;

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