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Year: 2025
Issue: 4
Volume: 103
Author Names: Ramona Mihaela COMAN
Abstract: The article examines the right to information of the accused person as a fundamental procedural guarantee, indispensable to the effective exercise of the rights of defence and to ensuring a fair trial, in accordance with Article 6 paragraph 3 (a) of the ECHR and Directive 2012/13/EU. The paper highlights the crucial role of the indictment in Romanian law, which must include a detailed and precise description of the material facts (cause of the accusation) and the legal classification (nature of the accusation). The penalties applicable to the defective charging instruments, in particular the remittal of the file to the prosecutor's office by the preliminary chamber procedure, shall be examined. Particular emphasis is placed on standards of European comparative law, presenting the mechanisms for controlling the accusation in France (Chambre de l’Instruction) and Italy (Udienza preliminare). The tension between the principle iura novit curia and the right of defence is also dissected in the context of reclassifying the offence in the trial phase, insisting on the obligation of the court to ensure factual homogeneity and to formally re-inform the accused. Finally, the case-law solution of the CJEU (case C-282/20) requiring Member States to allow the defects of the charge to be remedied even during the course of the judgment, subject to the active protection of the rights of the defence.
DOI: https://doi.org/10.62838/cjjc-2024-0065
Pages: 101-109