Renunțarea la probe și modificarea învinuirii de către procuror [Articol]

Abstract

The legal classification of the deed plays a crucial role in the criminal proceedings, or in accordance with the legal basis of the charges brought against him, a person can organize an effective defence, which represents an essential condition of a fairness trial guaranteed by article 6 of the European Convention. Thus, any changes in the legal classification, even in the mitigating process that is done by the court, when it does not constitute the object of judicial investigation, is likely to violate the defendants rights.