Probleme actuale privind accesul la probe cu accent pe informațiile clasificate folosite ca probe în procesele penale
Controversies and Practical Issues Regardind Access to Evidence with Emphasis on Classified Informations Used in Criminal Trials

Summary/Abstract: One key practical issue that influences specific guarantees of defense rights is that of the right t o study the content of the criminal file that constitutes the basis of effective defense. Practical problems have been raised especially concerning the right to study the criminal file during the investigative phase.This study analyses the transposition manner o f Directive 2012/13/UE in Romanian Criminal Procedure Code with emphasis on the terminology used – access to evidence as opposed to right to study stipulated in the national legislation – and on specific guarantees stipulated in the above-mentioned directive. One separate problem connected to the one exposed above is that of the use of classified information in criminal files or trials based on a criticized national provision (that of article 352 para . 11 and 12 of Criminal Procedure Code). Present analysis targets both the content of the article and the lack of correlation between the different relevant provisions stipulated in the Criminal Procedure Code and those of the Directive 2012/13/UE.

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