THEORETICAL AND APPLICATIVE ISSUES REGARDING CHANGES IN THE LEGAL CLASSIFICATION

The legal classification against which the criminal prosecution in rem or in personam is stage, regardless of the procedural phase, constitute genuine problems of application of criminal procedural law with major implications on the legal situation of the accused person. Therefore, considering that it is not exaggerated to dedicate a praxiological analysis to the change of the legal classification of the act, the present study aims to address in detail certain legal issues arising in judicial practice regarding the applicability of this institution. carried out (with suspect and defendant in the case) and the subsequent notification to the court by issuing the indictment, in relation to which the object and limits of the trial are established, as well as the possibility of changing the legal classification during the trial In the specialized literature, it is argued that the legal classification involves establishing the legal text that provides for the offense in the standard version or, if applicable, in an aggravated or qualified version or in a less serious version compared to the standard version.

If the act constitutes an attempt, the legal classification involves establishing both the legal text that provides for the offense and the applicable punishment, as well as the text that provides for the punishment of the attempt of that offense. In the case of participation, the legal classification involves, in addition to establishing the incriminating text of the act, also determining the contribution of each participant to the commission of the offense, as well as establishing the legal text that provides for and sanctions that contribution.

Finally, in the case of a plurality of offenses or enforcement acts, the legal classification involves additionally establishing whether this plurality constitutes a contest of offenses, a recidivism or a continued offense. The legal classification also involves establishing the legal provisions that also affect the outcome of the criminal trial.

The finding that another legal text provides for and sanctions the act for which the court was notified, therefore establishing a different legal basis for criminal liability than that shown by the notification act (indictment)