0

Sesizarea organelor de urmărire penală prin plângere prealabilă. Aspecte din practica judiciară

Being regulated in both Criminal and Criminal Procedure Code,
prerequisite complaint has a mixed legal nature being a condition for applying
the punishment and also a condition to exert the procedure. Prerequisite
complaint means that the victim (excepting the case when the victim is a minor
under the age of 14 or a legally prohibited person, in which case the prerequisite
complaint will be made by their legal at large- parents, tutors, curators etc.,
although they don’t have the obligation to do so, as the state could also promote
public liability (art. 131 paragraph 5 Criminal Code) announce the judicial
authority of the state about the committed crime and the prejudice she has
suffered.