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In this study, the author examines an institution subsequent to the right to defense, namely the right to access the criminal case. If the during the trial phase is no problem with interested parties consulting the case, as the parties are provided with unrestricted access to the documents in the case, one cannot consult the case during the prosecution phase. Thus, in the current Code of Criminal Procedure, access to the criminal case is not explicitly regulated; reason why the prosecution’s practice is inconsistent from this point of view. Subsequent to the analysis of the way the case can be accessed during the prosecution phase, the author details the procedure established for this purpose under the new Code of Criminal Procedure; this procedure appears as a new aspect of future regulations. Last but not least, the paper deals with the institution for access to the criminal case from the perspective of the European legal systems (Germany, Italy, Spain, France, and Czech Republic). -
In its capacity of party to the (European) Convention on Protection of Human Rights and Fundamental Freedoms and its Additional Protocols, inter alia, Romania has committed to comply with Art. 6 of the mentioned international instrument as well as with art. 2 of the Additional Protocol no. 7. For this reason, it is imperative that documents which have important procedural consequences and emanating from a body which is part of the executive power, to be susceptible of a fair and adversarial control from a judge, meeting the fairness guarantees consistent with the rule of law – this is, in fact, the ratio legis of art. 2781 of the Criminal Procedure Code. Equally, according to art. 2 of the Additional Protocol no. 7 to this Convention, any person convicted of an offense within the autonomous meaning of this term, has the right to submit the “declaration of guilt” concerned to the analysis of a higher court, benefiting from the double degree of jurisdiction in criminal matters. This study aims to analyze the compliance of the referred supranational provisions with the provisions of positive domestic law.
