Legal status of the prosecutor in the review procedure of criminal cases

Following the amendment of the Code of Criminal Procedure by Law No. 246/2023, the prosecutor has a passive role in the review procedure, merely presenting a reference to the request for review of the criminal case. The prosecutor is not entitled to withdraw the charges in the review procedure; this institution is applicable only when the case is heard on its merits or, as the case may be, on appeal or cassation. It is proposed to return to the old procedure of examination by the prosecutor of the request for review on the grounds of new circumstances. The proposal refers to the grounds indicated in Article 458 (3) (2) of the Criminal Procedure Code, with the following clarifications: 1) after registration, the prosecutor shall verify and establish the existence or non-existence of grounds for review; 2) the control of the investigating judge and the court of appeal is excluded, due to the fact that the prosecutor will not decide on the opening or refusal to open the review procedure, but will issue conclusions on the request for review; 3) the prosecutor will be obliged to refer the conclusions and the accumulated materials to the court.