Exercitarea dreptului de consultare a dosarului în faza de urmărire penală

dr. GIANINA-ANEMONA RADU

Lect. univ.

LOREDANA-ELENA MATIESCU

Subinspector de poliţie

ABSTRACT

The study discusses a very delicate matter, marked by many controversies and tensions - namely the matter of ensuring the right to consult the file in the criminal prosecution phase. Within this study it is recognized the importance of exercising this right, as a component of the right to defence and as a guarantee of the right to a fair trial, but there are also provided relevant arguments as to how the access of the defence to the file can disrupt the proper conduct of the judicial activity. There are also analysed possible deeds with criminal significance if certain aspects revealed within this procedure are brought to the knowledge of the persons who do not have this right.

Keywords: the right to consult the criminal file; right to defence; right to a fair trial; limitation of the exercise of the right of access to the...