THE TERMINATION OF CRIMINAL PROCEEDINGS

Abstract

This paper explores the theme of concluding the criminal prosecution, a procedural
phase of essential significance within the criminal justice system. Once the investigative
authorities have collected, examined, and evaluated the evidence concerning both the act
and the presumed offender-considering it relevant, admissible, and decisive-they may
order the closure of the investigation. This step is not a simple formal requirement; it
presupposes a comprehensive assessment of the evidentiary material, verification of the
legality of its acquisition, safeguarding of the procedural guarantees of the participants, and
the completion of additional actions necessary for achieving the objectives of the
investigation.
The finalization of the criminal prosecution constitutes the culmination of the activity
carried out by the investigative body and represents the stage where the decision is taken
regarding the referral of the case before the judicial authority. However, acknowledging that
no legal system is flawless, the analysis demonstrates that certain provisions of the criminal
procedural legislation remain only partially aligned with the practical necessities of the
proceedings. Consequently, the revision and supplementation of specific procedural norms
become indispensable.
Of particular importance is also the phase dedicated to granting the parties access to the
case materials. At this juncture, respect for the procedural rights of the parties is
fundamental, in accordance with the principle of free access to justice, guaranteed by Article
6 of the European Convention on Human Rights. For this reason, the authors formulate
pertinent recommendations and well-grounded proposals, clarifying the duties of the
criminal investigation authorities and the prosecutor, so that their activity is consistent with
the standards of fairness, transparency, and efficiency established at the European level.