INCOMPATIBILITATEA UNOR PROCEDURI. CONFIRMAREA RENUNȚĂRII LA URMĂRIRE PENALĂ ȘI CONFISCAREA SPECIALĂ

This study aims to debate the question of the moment when the prosecutor should address the preliminary chamber judge in view of ordering the safety measure of the special confiscation, a procedure provided by the provisions of Article 5491 of the Criminal Procedure Code, by reference to the moment of adoption of the processual solution of abandonment of the criminal prosecution, according to Article 318 of the Criminal Procedure Code. As a result of a non-unitary judicial practice, the author elaborates a few theses to decrypt the relevant provisions, he emphasizes the lack of uniformity of the judicial solutions and offers a way of settlement of the legal problem under dispute, which is perfectible.