The provisions apply not only to computer crimes, but to all criminal law complaints in general.
Romanian Criminal Procedure Code:
- According to Art. 288 - a criminal action can be started in one of the following ways: by prior criminal law complaint - filed by the victim; denunciation - when filing is done by other person/entity than the victim; notice from various authorities entitled by the law; and finally, at own-initiative of the authorities when the law permits this kind of action.
- Art 289 - Complaint(1) The complaint is filed by a person or entity who suffered an injury caused by the offense .(2) The complaint must include:- Full Name,
- Personal code or ID number- Personal quality
- Address of the petitioneror, for legal entities it must contain:- Name,- Headquarters ,- Unique registration number- Fiscal identification code,- Trade registry registration number or registration no. in the register of legal entities- Bank account (romanian entities)- Name/identification of the legal representative or conventional representative- Description of the action which is the subject of the complaint ,- an indication of the perpetrator- the evidence, if known .(3) The complaint may be made personally or by proxy. The mandate must be special and remain attached to the complaint.(4) If done in writing, the complaint must be signed by the injured party or his agent.(5) The complaint in electronic form qualifies only if it is certified by the electronic signature in accordance with the law.(6) The complaint made orally shall be recorded in the minutes by the receiving body.(7) The complaint can also be made by one's spouse in the name of the other spouse or by the adult child in the name of his parents. The injured party must declare if it assumes the complaint or not.(8) For the person who lacks the required legal capacity, the complaint is made by his legal representative. Persons with limited legal capacity may file a complaint with the consent of the persons referred to by the civil law. If the offender is the person who is legally responsible for the victim, prosecution is started ex officio by the authorities.(9) The complaint incorrectly addressed to the prosecution or the court, shall be redirected by administrative means, to the corresponding judicial body.(10) If the complaint is made by a person who lives in Romania, a Romanian citizen, a foreigner or a person without citizenship who notifies a crime done in another EU Member State, the judicial body has the obligation to accept the complaint and forward it to the competent body of the country in whose territory the crime was committed. Rules on judicial cooperation in criminal matters shall apply accordingly.
- Art 290 - Denunciation
(1) A denunciation is a report filed by a natural or legal person about a crime.
(2) Denunciation can be made only in person, provisions of art. 289 para. (2), (4) - (6) and (8) - (10) apply correspondingly.
- Section 2 - Prior criminal law complaint
Art 295 - Prior criminal law complaint in Romania
(1) The criminal legal action can be started only at the prior complaint of the injured party, for the offenses for which the law provides that such a prior complaint is mandatory.
(2) The complaint must be addressed to the criminal investigation body or to the prosecutor under the law.
(3) The provisions of art. 289 para. (1) - (6) and (8) apply accordingly.
- Art 296 - Legal term for filing a complaint in Romania
(1) The initial complaint must be filed within 3 months from the day the injured party learned of the act.
(2) When the injured person is a minor or incapable, the period of three months starts from the date when his legal representative learned of the act.
(3) If the offender is the legal representative of the persons referred to in para. (2) the period of three months starts from the date of appointment of a new legal representative.
(4) If the complaint is wrongly directed, it is still considered valid if it has been filed in time to the wrong authority.
(5) If the complaint was filed at the wrong authority, it shall be redirected through administrative means to the right judicial body.
As stated in the beginning of this article, please consult an attorney prior to acting.
Post a Comment