Continuarea procesului penal la cererea inculpatului. Condiţii pentru aplicarea art. 18 C. pr. pen.

Continuation of the criminal proceedings upon request of the defendant. Conditions for the enforcement of Article 18 of the Code of Criminal Procedure

Abstract

According to Article 18 of the Code of Criminal Procedure, in the case of amnesty, withdrawal of preliminary complaint, existence of a case of non-punishment or non-liability or in the case of waiver of the criminal prosecution, the suspect or defendant may request the continuation of the criminal proceedings.

No special provisions regarding the conduct of the proceedings in such a case are provided for during the trial, except the provisions of art. 396 para. (7) and (8) of the Code of Criminal Procedure governing the solutions which, after the continuation of the criminal proceeding upon request of the defendant, the court of law may deliver. Accordingly, in the absence of any express rules, the trial proceeding can only be...