The prosecutor’s informing of the civil instance on the grounds of the art 245 para. 1 letter c1 ) of the Penal Procedure Code

Abstract

This paper does not analyse if the prosecutor should have the right to seize the civil court in any case or not. The aim of this paper is to present an argued point of view on the limits of the prosecutor’s right to inform the civil court in order to annul a false document. The opinion of the author is based on the Decision no XV/2005 of the High Court of Cassation and on the provisions of the Criminal Procedure Code and Civil Procedure Code.