CONSULTAREA DOSARULUI DE CĂTRE AVOCATUL DIN OFICIU ÎN FAZA DE URMĂRIRE PENALĂ - TREI PROBLEME MAJORE
CONSULTING THE CASE FILE BY THE EX OFFICIO LAWYER IN THE CRIMINAL INVESTIGATION PHASE ‒ THREE MAJOR ISSUES

Summary/Abstract: In practice, it is well known and accepted by ex officio lawyers the prohibition to take photos, by phone, of the documents from case file in the criminal investigation phase, the only prerogatives being the actual study, writing the relevant data/ information or obtaining photocopies at the clients expense. And yet, is it in the spirit of the right of defense to put the ex officio lawyer, in a time crisis, in a situation to memorize or note, from the multitude of data and information, those that are really relevant to the case? Does also this practice harms the lawyers dignity, whether he is ex officio, given that prosecutors and criminal investigation bodies study the case files in the comfort of the office? Or, what should be the solution to the situation in which the „client” does not remit to the ex officio lawyer the amounts for obtaining the photocopies, because he is in a presumed state of poverty? In view of these three issues, We will present, as objectively as possible, our own opinion, with the hope that our modest approach will lead to taking some solutions so that the right to defense and the dignity of the lawyer are no longer harmed.

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