Procedural Aspects and Effects of Termination of Criminal Proceedings

Abstract

This analysis addresses the mechanism for completing criminal prosecution through the order to cease or remove from prosecution, a procedural act that must meet strict motivation conditions according to Art. 285 of the CPP RM. The procedure for issuing this act involves a rigorous verification of the legal grounds, ensuring the transition from the investigation phase to the extinguishing phase of the criminal action under hierarchical and judicial control. The main effect of the cessation of the process is the extinguishing one, which enshrines the principle of ne bis in idem and prevents a new prosecution for the same act, thus guaranteeing the security of legal relations. At the same time, the order produces immediate effects on the coercive measures, imposing the revocation of all preventive and precautionary restrictions previously applied. From a rehabilitative perspective, removal from criminal prosecution on grounds that exclude guilt offers the person the legitimate right to repair the damage caused by the judicial error. In conclusion, procedural rigor in issuing these solutions is essential to prevent arbitrariness and to ensure real access to justice through the right to appeal provided for in Art. 313 of the CPC RM.