Procedural aspects of the termination of prosecution

Abstract

This article is dedicated to the research of the subject regarding the completion of the criminal investigation. This stage is one of major importance in the criminal process, because once the criminal investigation body has administered the evidence regarding the deed and the person, considering them useful, relevant and conclusive, it decides the completion of criminal investigation. This stage is not a formal one, but presupposes the analysis of the evidence, the legality of obtaining it, the observance of the rights of the parties in the process and other activities, which, until the end, reach the purpose of the criminal investigation. The termination of the criminal investigation enhances the activity of the criminal investigation body and at this stage it is decided whether or not to send the criminal case to the court. Starting from the premise that no law is perfect, from the analysis performed on this subject we find that the criminal procedural legislation sometimes does not correspond to the procedural requirements, as it is necessary to amend and supplement some criminal procedural rules. Last but not least, an important topic is the presentation of the materials of the criminal case to the parties in the process. At this stage it is necessary to respect the rights of the parties according to the free access to justice by virtue of art. 6 of the European Convention on Human Rights. Thus, in order to explain the legal procedure, the authors come up with recommendations and proposals for the respective stage and clarify the action of the criminal investigation body and the prosecutor, so as to comply with the European quality standard.