THE PROCEDURE FOR THE REFERRAL OF THE CRIMINAL INVESTIGATION BODIES
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
Vintil Dongoroz mentioned in one of his books that “the referral is the dynamic act that causes the prosecution to take place.” We can say that the criminal prosecution is born when the criminal prosecution bodies are informed of a crime of a criminal nature by one of the above mentioned ways of referral. The common point of all means of referral is that it always takes the written form, either by direct recording of the injured party or by the oral hearing. In practice, the document of referral is the document which will always contain the registration number of the prosecutor’s office and the resolutions of the hierarchical chiefs on the registration procedure and the worker to whom the work was assigned for verification and settlement. The referral is the effect of a manifestation of will for the purposes of conducting criminal proceedings that may be brought by the criminal investigation body, the finding body or the injured party whose interests or rights have been violated as a result of committing an offense. Any criminal offense brought before the categories of civil servants mentioned in this Chapter shall lead to their obligation to immediately notify the competent prosecution body. Also, the criminal investigation body should refrain from carrying out any criminal investigation if it clearly finds that it is not competent and the investigation is not urgent.
Authors and Affiliations
Denisa BARBU
Keywords
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