Interferenţe şi delimitări cu referire la constatare şi expertiză - mijloace de probă în procesul penal

dr. NELU DORINEL POPA*

* e-mail: popaneludorinel@yahoo.com

Ofiţer de poliţie judiciară - Direcţia Naţională Anticorupţie, Serviciul Teritorial Târgu-Mureş

ABSTRACT

According to Article 172 (12) of the Criminal Procedure Code "After the finalisation of the fact-finding report, whenever the judicial body considers necessary the opinion of an expert or whenever the conclusions of the fact-finding report are contested, an expertise shall be ordered to be made."

This legal text is not correlated with the rest of the provisions of the Criminal Procedure Code in force, nor with the other provisions of the previous codes, therefore, in the author’s opinion, this fact is likely to give rise to controversies.

In a different line of ideas, the author argues that the legislator imposes as processual remedy that upon the finalization of the fact-finding report, in case its conclusions are only...