DESFIINȚAREA ÎNSCRISURILOR ÎN PROCESUL PENAL – PROCEDURA SPECIALĂ ÎN CAZUL SOLUȚIILOR DE NETRIMITERE ÎN JUDECATĂ

The article addresses the issue of cancellation of documents resulting from the commission of
a crime, mainly concerning the special procedure regulated in Article 5491 of the Criminal Procedure
Code. The legal nature of the institution of cancellation of documents resulting from the commission
of an offence is the same, regardless of whether it is ordered by the court of law, pursuant to Article
25 paragraph 3 of the Criminal Procedure Code, or by the judge of the preliminary chamber,
pursuant to Article 5491 of the Criminal Procedure Code.
In the majority specialized literature it was embraced the opinion according to which within the
procedure of abolition of documents regulated in Article 5491 of the Criminal Procedure Code only
the document regarded as instrumentum probationis may be revoked, and not the legal operation
attested by the respective document as negotium juris. Also, the majority doctrine considers that the
procedure for the cancellation of documents can be applied only in case of committing forgery
offences, not also in case the documents would come from committing other offences. This article
seeks to question the correctness of these doctrinal opinions, bringing some arguments in the sense
that the cancellation also refers to the legal operation (negotium) and may also concern documents
resulting from the commission of offences other than those of forgery.