2015

Abstract: The New Code of Criminal Procedure introduced the requirement that the reopening of criminal proceedings be confirmed by a court, thereby removing the prosecutor’s discretionary power to resume proceedings at any time, even in violation of the rights guaranteed by the European Convention on Human Rights.

The need to confirm the reopening of the criminal investigation arose due to the lack of finality in the prosecutor’s decisions not to bring charges, as the judicial documents issued by the prosecutor do not have the force of res judicata.

In this study, the author has sought to demonstrate that, in the event that the superior prosecutor accepts the complaint filed against the decision not to refer the case to trial, there is no need to order the reopening of the criminal investigation, followed by confirmation from the judge.  

Keywords: reopeningof criminal proceedings, res judicata, complaint, dismissal