The petition of the private complainant in the process of private prosecution to liberate the perpetrator from punishment before its execution (Art.414, par.1.3 of the Criminal Procedure Code) is his specific right, connected to the criminal prosecution of the perpetrator of the respective crime. The current legislation provides for some illogical solutions with regard to the court ruling on this petition. They are analyzed in detail in the paper and certain suggestions de lege ferenda are made.