DISCUȚII ÎN LEGÃTURÃ CU INTERPRETAREA SINTAGMEI „INSTANȚA CÃREIA I-AR REVENI COMPETENȚA SÃ JUDECE CAUZA ÎN FOND”, PREVÃZUTÃ ÎN ART. 149 ALIN. 2 DIN CODUL DE PROCEDURÃ PENALÃ

In case the criminal prosecution is carried out by the hierarchically higher prosecutor’s office in the matter in which the preventive detention action is requested, according to art. 45, paragraph 1 with reference to art. 33-36 of the Criminal Procedure Code, when deciding the material jurisdiction for solving such a proposal, according to art. 1491 paragraph 2 of the Criminal Procedure Code, the judge takes into consideration the whole criminal matter, namely all the facts and persons investigated in the criminal case in which the prosecutor makes such a proposal and the legal qualification of all these facts established by the prosecutor and valid as at the date of notifying the judge, and not by taking into consideration only the action (and the legal qualification established for such action) or the person in relation to which the proposal for taking such action was submitted.