Termination of Criminal Proceedings by The Appellate Court When The First Instance Court Has Not Exercised His Power Under Art. 369, Par. 4 CPC

Authors:

Pages: 22-29

Abstract:

When the first instance court has not exercised his power under art. 369, par. 4 CPC, the appellate court reversed the sentence and terminated the criminal proceedings. This is a specific ground for termination of criminal proceedings by appellate jurisdiction. Proceedings under chapter twenty-sixth of the CPC is a form of judicial control over the activities of prosecutor during the pre-trial proceedings, focused on timely and quality completion of the investigation and presentation of the indictment in court. Appellate review is concentrated only to establish the existence of the grounds under art. 369, par. 4 CPC, without considering the merits. The ruling of the appellate court under art. 334, par. 4, prop. 2 CPC is subject of cassation review. This legal provision contradicts to the essence of the proceedings for examination of the case in court at the request of the accused and therefore de lege ferenda this appellate act should be explicitly excluded from cassation review.

Keywords:

”perpetual” accused, trial within reasonable time, omission of prosecutor, failure to exercise the powers by first instance court, specific ground for termination of criminal proceedings

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