EIRP Proceedings, Vol 4 (2009)

Abstract

The finalization of the first stage of any criminal case obliges the prosecutor to check up on the legality and the validity of the criminal investigation acts performed by the police authority whose activity is monitorized by him. This obligation considers first the verification of the constituent documents of the criminal accusation - the beginning of the criminal accusation, the start of the criminal action, the presentation of the criminal accusation material of the defendant and the completion of the account containing the proposal to finalize the criminal accusation by the police authority. Within this context, it is verified if the criminal accusation documents have been drawn up with the compliance of the legal stipulations, followed by the finding if all the evidence have been collected, necessary to find the truth in the respective case and if all implying criminal or civil aspects have been elucidated . According to the established deficiencies in the police investigation activity, the prosecutor can entail: the reference to the competent authority, the return of the case with a view to complete or to remake the accusation, the resumption of the criminal accusation. These solutions can be entailed by the prosecutor ex officio or on the occasion of solutioning the complains against criminal investigation documents formulated by those interested due to drawn illegal documents. At the same time, by initiating the procedure of complaining against the prosecutor's acts, the legality and the validity of a solution adopted in the criminal accusation
stage can be analyzed by the court.