Motion for revision
Cikk publikálásának ideje:
In accordance with section 27/A of Act XXVII of 2022 and section 817/C (7) of Act XC of 2017, if the public prosecutor’s office or the investigating authority rejects a complaint filed for a special criminal offence related to the exercise of public authority or the management of public property, or terminates the investigation, the Authority is entitled to submit a motion for revision within one month of the public disclosure of this anonymised conclusive decision.s an, populo adipisci reprehendunt per no. Te sea adhuc laudem admodum. Et clita ridens cotidieque vim, eam cu everti vivendum mnesarchum, in ius deserunt erroribus reformidans.
Special criminal offences in relation to the exercise of public authority and the management of public property:
· corruption offences, excluding certain cases of active corruption of lesser severity and the less severe case of passive corruption;
· abuse of authority, excluding cases where it is committed by a non-executive employee at law enforcement agencies, the Military National Security Service, the Parliamentary Guard, capital city or county government offices, municipal administrative bodies or public bodies;
· offences against property, including those committed against or damaging national assets or assets managed by public trust funds entrusted with public functions, such as
- aggravated cases of embezzlement
- aggravated cases of fraud
- aggravated cases of economic fraud
- aggravated cases of information system fraud
- misappropriation of funds
· aggravated cases of budget fraud
· omission of oversight or supervisory responsibilities in connection with budget fraud
· agreement in restraint of competition in public procurement and concession procedures, and
· participation in a criminal organisation and money laundering in relation to the offences specified above.
Following up on a motion for revision, the authority (the public prosecutor’s office or investigating authority) that took the decision concerned may:
- abrogate the original decision and order the continuation of the investigation or the proceedings if it considers the motion for revision well-founded;
- refer the motion and related documents to its superior body (the public prosecutor’s office in the case of a decision taken by the investigating authority or the superior public prosecutor’s office in the case of a decision taken by the public prosecutor’s office) if it does not consider the motion for revision well-founded.
The superior body abrogates the original decision and orders the continuation of the investigation or the proceedings if it considers the motion for revision well-founded; Otherwise, it sends all documents to the court responsible for the assessment.
The court rejects the motion for revision or abrogates the decision contested by the motion. In the latter case, the investigation is launched or a proceeding continues without a separate decision.