EIRP Proceedings, Vol 5 (2010)

Abstract

It has been noticed in the doctrine a more pronounced current trend of "privatizing" the trial, this aspect concerning a significant part of the foreign doctrine. It was proved that its most insidious form, and undoubtedly the most dangerous, is not the traditional one, of the injured person 's prior complaint, but that which is incident to the public prosecution itself. Romanian legislator gave up the prior complaint formulated in the art. 279. par. 2 letter A,C.C.P., repealing these provisions through the Law no. 356/2006, thus eliminating the procedure of direct criminal proceedings. The complaint registered in the art. 278 C.C.P. arousing lots of controversies is that which allows almost unlimited access to the crime victim to public proceeding. Generally, the complaint governed by the provisions of the art. 275 and the next. C.C.P. is, in terms of legal nature, an appeal against criminal acts and measures of prosecution and a way to control their legality. According to the law, any person whose legitimate rights were affected, can lodge a complaint. The law without prescribing a limitation period, the complaint can be lodged by any natural or legal person, if there is evidence of harm of her legitimate interests.