Importanța predictibilității procedurilor penale în faza de urmărire penală
The Importance of Predictability of Criminal Proceedings during the Criminal Investigation Phase

Author(s): Denisa Barbu
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: equality of arms; right to defence; predictability of procedures; obligations; finding the truth.
Summary/Abstract: Generic presentation of the overall image în the indictment, of the criminal activity, without being specified concretely and în detail, with a pertinent reference to the evidence they support, the criminal activity of each defendant violates the equality of arms and the predictability of the criminal proceedings. Also, limiting the prosecutor to indicating the evidence on which the accusation is based on an enumeration of evidence and a faithful reproduction and în a generic context of the content of certain evidence, without, of course, including a particular and pertinent analysis of the factual circumstances în which a particular conduct is alleged to be attributable to a particular defendant would, în our view, constitute a breach of the right to effective protection, thus violating the fairness of the proceedings, în article 6 par. 2 of the Directive 2012/13 / EU of the EU Parliament, and the principle of finding the truth provided by art. 5 C.C.P. In many cases, art. 6 (4) of the Directive 2012/13 / EU on the right to information în criminal proceedings is breached, although România is obliged to respect (“the suspected or accused persons to be promptly informed of any change în the information provided ... where necessary to ensure the fairness of the proceedings”), more art. 29 of the preamble to the Directive, stating that all changes must be communicated to the suspected and timely persons în order to enable the effective exercise of the right to defence.

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