The Disclosure of the Criminal Acusation Cover Image

Informarea despre acuzaţia penală
The Disclosure of the Criminal Acusation

Author(s): Irinel Samoilă
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: criminal accusation; disclosure; information; legal framework; criminal proceeding; stages; accusation; indictment; guaranties; national case law; ECtHR case law;

Summary/Abstract: The present article aims to address one of the components of the right of the person who is accused in the criminal trial to defend himself/herself, namely the disclosure of the criminal accusation, as well as the larger framework in which this guarantee has to operate throughout the various stages of the criminal proceedings, with the indication of the elements which are of distinct importance.Moreover, this article tries to define several notions, terms and institutions which were recently introduced in the national criminal procedure legislation or in common legal language, but are used on a regular basis on conventional level regarding the right to defence of the accused, and at the same time tries to highlight the importance of a correct perception of these elements: accusation – indictment, disclosure – information on the accusation, the subject, the dimension, the form and the precision both of the accusation, and of the information on the accusation etc.It also comprises the evolving legal line of a criminal accusation, with the indication of all the moments and ways it can be resized, of the guarantees which cover these moments, as well as an extensive analysis of national and ECtHR case law, relevant for some of the most frequent irregularities and legal remedies regarding the information on the accusation.

  • Issue Year: XI/2015
  • Issue No: 04
  • Page Range: 48-75
  • Page Count: 28
  • Language: Romanian