Fair Trial

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Fair trial

If the prosecutor, while working out a file, appreciates that a criminal lawsuit must be initiated, then he/she shall send a copy after the resolution for the initiation of the criminal lawsuit to the suspect person involved in the precursory criminal investigation, a person who, under the circumstances, becomes a defendant. The resolution shall be motivated. Also, when a person is summoned before a criminal investigation body or a court of law, a summoning notice is issued where, in addition to a number of data, the capacity of the summoned person and the object of the case should be laid down. For the accusation to be completed, the indictment should be issued by the prosecutor and the court of law should be intimated, once the criminal investigation is established to have been accomplished, the case should be sustained by all necessary and legally administrated evidence, observance of the legal provisions guaranteeing the finding of the truth should be checked, and the criminal investigation documentation should be presented to the defendant. If, during the trial, it is appreciated that the legal framework governing the respective crime by the intimation document is to be changed, the court is bound to discuss the new legal framework and inform the defendant that he/she is entitled to request that his/her case should be discussed later or possibly even postponed, so that the defendant might be able to prepare the defence. Also, if during the trial the defendant is found to have committed new deeds pertaining to the same crime for which he/she has been brought before the court, the latter shall order, by conclusion of law, extension of the lawsuit such as to include the new data as well and proceeds to judge the crime as a whole. According to the Romanian legislation, the defendant is not entitled to take the initiative to bring his case before an impartial and independent tribunal.

As mentioned...
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