Actul procedural prin care procurorul remediază neregularităţile actului de sesizare în procedura camerei preliminare

drd. CORINA VOICU*

* e-mail: voicu.corina@yahoo.com

Judecător - Curtea de Apel Piteşti

drd. CĂTĂLIN ONCESCU**

** e-mail: cătălin.oncescu@outlook.ro

Avocat - Baroul Bucureşti

ABSTRACT

In the new Criminal Procedure Code, the function for verification the sending to trial legality is conducted by a judicial body independent of the Court, the judge for preliminary chamber. In the preliminary chamber procedure, the judge checks the regularity of the referral, the legality of the administration of evidence and of prosecution acts, as well as the jurisdiction of the Court.

The Criminal Procedure Code does not provide expressly the type of the act by which the Prosecutor can remedy the deficiencies of the referral. The jurisprudence is not unitary, sometimes recognizing, sometimes penalizing the remedy of the deficiencies of the indictment through different types of procedural acts. The...