Requirements Regarding Ex Officio Notification in the Context of Criminal Investigations Conducted by the Prosecutor

  • Sandra Gradinaru Al.I. Cuza University of Iasi
Keywords: ex officio notification report; prosecutor’s exclusive competence; incompetent authority; delegation order

Abstract

The legislator has stipulated that, for certain offenses, criminal investigations must be conducted by the prosecutor. The rationale for this regulation is to ensure the proper conduct of the criminal process, considering the complexity of investigating specific offenses. This regulation must be adhered to both at the time of vesting the judicial authority with the resolution of such cases and subsequently during the performance of criminal investigation acts. The study begins with a theoretical analysis of the way the criminal investigation authority is notified, specifically through the drafting of an ex officio notification report, followed by an empirical investigation based on practical cases found in national jurisprudence, and concludes with the author’s own inductive research. The researched topic is of interest to both practitioners and theorists of criminal procedure law.

References

Boroi, Alexandru, Negruț, Gina (2022). Criminal Procedure Law. Bucharest: Hamangiu.
Mateuț Gh. (2007). Treatise on Criminal Procedure. General Part. Bucharest: C.H. Beck.
Micu, Bogdan; Slăvoiu, Radu & Zarafiu, Andrei (2022). Criminal Procedure. Bucharest: Hamangiu.
Neagu, Ion & Damaschin, Mircea (2018). Treatise on Criminal Procedure: Special Part. 2nd Ed. Bucharest: Universul Juridic.
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(2019). Cluj Court of Appeal. Preliminary Chamber Judge’s Ruling no. 128 of October 15.
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High Court of Cassation and Justice. Decision no. 21 of July 7, 2020, published in the Official Monitor no. 118 of February 4, 2021.
Published
2025-06-30
How to Cite
Gradinaru, S. (2025) “Requirements Regarding Ex Officio Notification in the Context of Criminal Investigations Conducted by the Prosecutor”, The Annals of “Dunarea de Jos” University of Galati. Legal Sciences. Fascicle XXVI, 8(1). Available at: https://www.gup.ugal.ro/ugaljournals/index.php/als/article/view/9268 (Accessed: 23October2025).
Section
Public Law