Requirements Regarding Ex Officio Notification in the Context of Criminal Investigations Conducted by the Prosecutor
Mots-clés :
ex officio notification report; prosecutor’s exclusive competence; incompetent authority; delegation orderRésumé
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.
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