Consultarea dosarului în cursul urmăririi penale, de la o soluționare neuniformă în condițiile actualului Cod de procedură penală la o reglementare expresă în noul Cod de procedură penală

In this study, the author examines an institution subsequent to the right to defense, namely the right to access the criminal case. If the during the trial phase is no problem with interested parties consulting the case, as the parties areprovided with unrestricted access to the documents in the case, one cannot consult the case during the prosecution phase. Thus, in the current Code of Criminal Procedure, access to the criminal case is not explicitly regulated; reason why the prosecution’s practice is inconsistent from this point of view. Subsequent to the analysis of the way the case can be accessed during the prosecution phase, the author details the procedure established for this purpose under the new Code of Criminal Procedure; this procedure appears as a new aspect of future regulations. Last but not least, the paper deals with the institution for access to the criminal case from the perspective of the European legal systems (Germany, Italy, Spain, France, and Czech Republic).