Noțiunea de „procuror ierarhic superior”

Abstract

The Constitution provides, in art. 132 paragraph 1, that prosecutors carry out their activity according to the principle of legality, impartiality and hierarchical control, under the authority of the Minister of Justice; according to the provisions of the Code of Criminal Procedure, art. 335 paragraph 1, if the hierarchically superior prosecutor to the one who ordered the solution finds, subsequently, that there was no circumstance on which the dismission was based, reverses the ordinance and orders the reopening of the criminal investigation. Law no. 304/2004 regarding the judicial organization, with the subsequent modifications and completions, provides, in art. 64 and 65 the way in which the subordination of the prosecutors from the Public Ministry works.