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Necompetenţa personală a organelor de urmărire penală. Întinderea efectelor nulităţii

Year: 2024
Type: article
Abstract: This article addresses the issue regarding the extent of the effects produced when the law enforcement agencies violate the rules governing the ratione personae jurisdiction. The author criticizes an approach of the judicial practice, according to which the invalidity would intervene only regarding the criminal investigation activities that were carried out after the criminal investigation is undertaken in personam. The arguments of the study emphasize that the absolute invalidity determined by the non-compliance with the ratione personae jurisdiction invalidates all the activities carried out during the criminal investigation, including those made in rem.
Authors: Facultatea de Drept, Universitatea „Nicolae Titulescu” din București, Radu SLĂVOIU
Language: English
Open Access status: diamond
OpenAlex ID: W4406914855
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Related to: 10