Instrumente procesuale în cazul scindării unităţii de infracţiune

Judicial instruments in instances of splitting a continuous or complex offence

Proc. Vlad Crăciun

Parchetul de pe lângă Judecătoria Sector 1 Bucureşti

Abstract

In this article the author proposes an analysis of the procedural mechanisms for situations in which one single criminal deed is the subject of multiple criminal trials. In this regard, a detailed examination of the Article 37 of the Criminal Code and Article 585 para. (1) d) of the Criminal Procedure Code is in order.

Firstly, the author explains the historical context of the relevant legal provisions. Secondly, the author outlines the two main hypotheses taken into account by the legislator, while also establishing their scope and the procedural issues for each hypothesis. Finally, the article touches on some particular situations that cannot be resolved by using the same procedural mechanism and for which alternative solutions have been proposed.

Keywords: continuous...