PLÂNGEREA PREALABILĂ A PERSOANEI VĂTĂMATE. ASPECTE DE DREPT COMPARAT
De lege ferenda, there have been conceived four systems regarding the author (person and institution) which starts the rules of procedure in the matter of committing offences: the proceedings instituted by the victim on his/her heirs (private action); the proceedings instituted by any citizen, acti...
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| Format: | Article |
| Language: | English |
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Danubius University
2006-05-01
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| Series: | EIRP Proceedings |
| Online Access: | http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/1150/1067 |
| Summary: | De lege ferenda, there have been conceived four systems regarding the author (person and institution) which starts the rules of procedure in the matter of committing offences: the proceedings instituted by the victim on his/her heirs (private action); the proceedings instituted by any citizen, acting in the name of society (civic action); the proceedings instituted by the judges themselves (ex-office action); finally, the proceedings instituted by the specialized clerks, as magistrates of the Public Ministery ( public action) or clerks of certain administrative institutions. There are legislations which, besides the general ways of appealing to the judicial bodies – complaint or denunciation – consider the previous complaint (private) of the victim, as a special way of appealing, as well as the conditions of procedibility and punishment or founding a whole judicial mechanism. In this paper we have approached the way these systems are found in the penal legislations of the states. |
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| ISSN: | 2067-9211 2069-9344 |