Decizia Curții Constituționale a României nr. 633 din 12 octombrie 2018 referitoare la obiecția de neconstituționalitate a dispozițiilor legii pentru modificarea și completarea Legii nr. 135/2010 privind Codul de procedură penală
Decision of the Constitutional Court of Romania no. 633 of October 12, 2018 regarding the objection of unconstitutionality of the provisions of the law for amending and supplementing the Law no. 135/2010 on the Code of Criminal Procedure

Summary/Abstract: By granting the defendant the right to be informed of the date and time of the criminal investigation or of the hearing conducted by the judge of rights and freedoms and, implicitly, of his possibility to personally participate in any criminal investigation, the legislator ignores the effects that his presence while performing any act of criminal investigation, and also during the hearings, could have to the criminal investigation. Thus, his presence, for example, at the hearing of the witnesses or injured persons may be intimidating, such as to cause them to be detained in their statements and not to state everything they know about the act being investigated, destabilizing the fair feature of the trial.

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