Articles 308 and 308/A regulate extraordinary objection mechanisms exercised by the relevant chief public prosecutor against certain final appellate decisions. They are not ordinary appeals available to a party in the same form.
Article 308
Article 308 concerns an objection by the Chief Public Prosecutor at the Court of Cassation against a decision of a criminal chamber of that court. The statutory conditions, authority and review sequence should be checked in the current text.
Article 308/A
Article 308/A concerns an objection by the chief public prosecutor’s office attached to a regional court of appeal against specified final decisions of that court’s criminal chambers.
Position of the parties
A party may present reasons and request that the competent prosecutorial authority consider the matter, but the extraordinary objection itself is exercised by that authority under the Code.
Relationship with other remedies
These procedures should not be treated as substitutes for an ordinary appeal, cassation application or another remedy whose time limit is running.
Durations and procedures may vary depending on the nature of the file. Current legislation and official sources should be taken as basis.
