PRE-TRIAL CHAMBER. FINDING THE NULLITY OF THE INDICTMENT AND OF THE CRIMINAL PROSECUTION ACTS DUE TO THE BREACH OF THE DEFENDANT'S RIGHT OF DEFENCE

The purpose of this paper is to analyze the limits within which judge pre-trial chamber may order restitution case prosecutor, starting from a concrete deed that was subject file no. 5609/245/2018 / a1 pending before Iaşi District Court and County. In case, Pre-Trial Chamber considered suspect not given necessary time prepare his defense as he heard defendant on same day when also suspect, although requested break for preparation defense, report termination criminal prosecution drawn up heard, request forensic examination in question rejected by without court waiting submission objectives expertise. For these reasons, it find nullity all proceedings subsequent date deprived possibility enforce during proceedings, procedural stage has been completed.