SARA Law Research Center I nternational Journal of Legal and S ocial Order, https://www.ccdsara.ro/ijlso ISSN 2821 – 4161 (Online), ISSN 2810-4188 (Print), ISSN-L 2810-4188 N o . 1 (2023), pp. 1-17 1 REOPENING THE CRIMINAL PROSECUTION TO ENSURE AN EFFECTIVE INVESTIGATION A.L. LORINCZ Received 30.05.2023; accepted 18.06.2023 https://doi.org/10.55516/ijlso.v3i1.112 Anca-Lelia LORINCZ ”Dunărea de Jos” University of Galați, Romania, Faculty of Legal and Administrative Sciences E-mail: lelia.lorincz@gmail.com Anca.Lorincz@ugal.ro ORCID ID : https://orcid.org/0000-0002-2297-0652 Abstract The respect of the fundamental rights of the person during the criminal judicial proceedings is also conditional on the performance of an effective investigation. Although, in the current Romanian Code of Criminal Procedure, the principle of the active role of judicial bodies in the conduct of the criminal process is no longer expressly provided for, the need to manifest such an active role, in the sense of carrying out a real, complete, therefore effective criminal investigation, emerges from the content of the provisions art. 5 ("Finding the truth") and art. 306 ("Obligations of criminal prosecution bodies"). The requirement of the effectiveness of the criminal investigation is also reflected in the jurisprudence of the European Court of Human Rights (even if, for now, mainly in relation to articles 2 and 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms). In this context, the present study addresses the issue of resuming the criminal prosecution by reopening it, in the situation where the case closure solution was ordered without conducting an effective criminal investigation. The paper also brings to attention some aspects of judicial practice regarding the confirmation, by the judge of the preliminary chamber, of the ordinance to reopen the criminal prosecution. The study uses, as research methods: documentation, interpretation and scientific analysis. The conclusion consists in emphasizing the active role of the criminal prosecution bodies in carrying out, respectively in ensuring the conduct of an