Considerations on the application of the procedure for conditional suspension of the criminal prosecution

Special procedures are rules ensuring access to simpler procedural means and forms for litigants, with the aim of speeding up proceedings in order to ensure speedy resolution of cases and efficient administration of justice. Since the conditional suspension of criminal proceedings is a distinct procedural institution, which implies the temporary suspension, by the prosecutor, of the activity of gathering evidence through evidentiary means and procedures, without the decisive or definitive resolution of the case under investigation, it becomes necessary to study the procedure in question, all the more so since it is noted that it has become obsolete over time. It should be noted that the DEX defines suspension as interruption, (temporary) suppression, this meaning being also the one attributed by the legislator [1]. This article analyses the provisions in force relating to the institution in question, the grounds, the procedure, the deadlines and the actions taken by the state representatives to implement the institution. Special emphasis is placed on the analysis of the results of empirical field studies among judges, prosecutors and lawyers. Last but not least, recommendations have been proposed as a matter of law.