EIRP Proceedings, Vol 1 (2006)

Abstract

De lege ferenda, there have been conceived four systems  regarding the author (person and institution) which starts the rules of procedure in the matter of committing offences: the proceedings instituted by the victim on his/her heirs (private action); the proceedings instituted by any citizen, acting in the name of society (civic action); the proceedings instituted by the judges themselves (ex-office action); finally, the proceedings instituted by the specialized clerks, as magistrates of the Public Ministery ( public action) or clerks of certain administrative institutions. There are legislations which, besides the general ways of appealing to the judicial bodies – complaint or denunciation – consider the previous complaint (private) of the victim, as a special way of appealing, as well as the conditions of procedibility and punishment or founding a whole judicial mechanism. In this paper we have approached the way these systems are found in the penal legislations of the states.