INTRODUCING THE CIVILLY RESPONSIBLE PARTY INTO THE CRIMINAL PROCEEDING. ANALYSIS OF DECISION NO. 257 OF 26 APRIL 2017 ON THE OBJECTION OF UNCONSTITUTIONALITY OF THE PROVISIONS OF ARTICLE 21 (1) OF THE CODE OF CRIMINAL PROCEDURE
INTRODUCING THE CIVILLY RESPONSIBLE PARTY INTO THE CRIMINAL PROCEEDING. ANALYSIS OF DECISION NO. 257 OF 26 APRIL 2017 ON THE OBJECTION OF UNCONSTITUTIONALITY OF THE PROVISIONS OF ARTICLE 21 (1) OF THE CODE OF CRIMINAL PROCEDURE

Summary/Abstract: This paper presents the procedure for introducing in the criminal proceedings the civilly responsible party after the Decision no. 257 of April 26, 2017 of the Constitutional Court, a crucial issue within this framework being the deadline until those entitled have to request this so as to respect the right of defense of the civilly responsible party. By Decision no.257 The Court finds that the criminal procedural rules of Article 21 (1), which regulate the possibility of an injured party who has been a civil party to request the civilly liable party "to initiate the judicial investigation" in any criminal proceedings, including after the closure of the preliminary-ruling procedure, is liable to undermine the right of defense and the right of free access to justice of the civilian party. In its argumentation, the Court points out that it is necessary to ensure by the criminal procedural rules in the matter the right of the civilly liable party to lodge claims and exceptions on the lawfulness of the court's notification, the lawfulness of the taking of evidence and the execution of acts by the criminal investigation bodies in the proceedings before the Board of Appeal, precisely in order to strike a balance between the fundamental rights in the competition, namely the right of free access to justice and the right of defense of the injured person who is a civil party, on the one hand, free access to justice and the right of defense of the civilian party, on the other.

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