Pursuant to Article 278 of the Code of Criminal Procedure (2013), when a decision to discontinue prosecution is issued and becomes final due to the non-criminal nature of the act, the defendant may not be prosecuted again for the same allegation. In this scenario, the legislator’s prohibition implies the principle of absolute prohibition of re-prosecution. If, contrary to this principle, the prosecutor or the court authorizes a re-prosecution, the question arises as to what decision the referred judicial authority should make. To address this issue, three fundamental questions must be answered: Does deviation from the legislator’s prohibition by the prosecutor or the court constitute a violation? Does an authorization contrary to the law have any legal validity? Does such authorization result in the annulment of the previously issued decision to discontinue prosecution? The findings of the research indicate that the described authorization constitutes a violation, lacks legal validity and effect, and consequently does not annul the prior decision to discontinue prosecution. Therefore, the referred judicial authority must, based on the principle of res judicata in criminal matters (Paragraph “C” of Article 13 of the Code of Criminal Procedure), issue a decision to terminate prosecution. This study examines the topic using a descriptive-analytical approach.