Theoretical and Practical Aspects with Reference to the Specific Principles of the Criminal Prosecution Phase
Theoretical and Practical Aspects with Reference to the Specific Principles of the Criminal Prosecution Phase

Author(s): Carmen Paraschiv
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Criminology
Published by: Scientia Moralitas Research Institute
Keywords: Criminal Trial; Criminal Prosecution; Fundamental Principles; Non-Public Character; Adversarial Proceedings; Written Form; Hierarchical Subordination; Obligation Principle; Human Rights;
Summary/Abstract: This paper explores, within a theoretical and normative framework, the specific principles governing the criminal prosecution phase of the criminal trial, underlining its essential role in ensuring the balance between the efficiency of criminal justice and the protection of the fundamental rights of the individual. The paper focuses on the criminal prosecution phase, identifying its specific principles. The non-public nature of this phase is justified by the need to protect the integrity of evidence, prevent the influence of witnesses, and guarantee the presumption of innocence. Exceptions, such as the lawyer’s right to access the file, are critically analyzed, underlining the tension between transparency and efficiency. The lack of adversarial proceedings is presented as an inherent feature of criminal prosecution, where the prosecutor acts unilaterally, unlike the trial phase, which is based on adversarial debates. The paper insists on the interdependence of principles as pillars of the rule of law, concluding that any derogation from them risks compromising not only the validity of procedural acts but also public trust in the legal system.

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