Right of the suspect's and defendant's counsel to witness the performance of criminal investigation acts Cover Image
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Asistarea la efectuarea actelor de urmărire penală de către avocatul suspectului sau al inculpatului
Right of the suspect's and defendant's counsel to witness the performance of criminal investigation acts

Theoretical shortcomings in judicial practice

Author(s): Paul Ghiban
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: C.H. Beck Publishing House - Romania
Keywords: suspect; defendant; criminal investigation; counsel; criminal investigation act performance; adversiality; search warrant; home search; bodily search; vehicle search;

Summary/Abstract: The article addresses the issue of the Criminal procedure code's new provisions regarding the right of the suspect's and defendant's counsel to witness the performance of criminal investigation acts. The article examines both the obligations of criminal investigation bodies and the rights of partie's and main subject's counsel from the moment at which an information request is filed. It also reveals the negative consequences resulting from bad regulation regarding the right to witness the performance of criminal investigation acts and also presents de lege ferenda proposals.

  • Issue Year: 2019
  • Issue No: 06
  • Page Range: 331-335
  • Page Count: 5
  • Language: Romanian