Nelegala citare a inculpatului. Declarare apel. Deosebire faţă de cererea de redeschidere a procesului penal

Unlawfully summoning the defendant. Declaration of appeal. Difference from the application to reopen criminal proceedings

Abstract

In the case where the defendant complied with the obligation to indicate the address of his actual residence, the criminal prosecution bodies were required to summon him at the indicated address, and in the case where they could not proceed to this end, the provisions of art. 259 paragraph (5) of the Code of criminal procedure became applicable and the criminal prosecution bodies proceeded with summoning the defendant by displaying the subpoena at the premises of the judicial body. On the other hand, the preliminary chamber judge and the court ruling on the merits did not proceed in the same manner, they did not take any steps for legally summoning the defendant, by displaying the subpoena at the premises of the court. At the same time, the service of...