The present study focuses mainly on the material and personal competence of the prosecutor in the pursuit of the criminal prosecution provided in art. 2702 par. (1) let. d) of the Criminal Procedure Code. The material and personal competence of the prosecutor in the pursuit of criminal prosecution in these categories of cases is of particular interest due to the existence of a vicious practice of pursuing criminal prosecution by the incompetent criminal prosecution bodies. In the case of violation of the prosecutor’s material or personal competence to prosecute in particularly serious and exceptionally serious crimes, the factual elements found by means of minutes on criminal actions, audio or video recordings, photographs and procedural documents In which the results of the special investigative measures are recorded, will no longer be able to be resumed at the stage of the case.