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Law decriminalizing the conflict of interest for lawmakers, unconstitutional

CCR: The defendant should have access to classified information in order to be able to challenge their legality

The Constitutional Court of Romania (CCR) has ruled that the defendant should have access to classified information in order to be able to challenge their legality, by the conclusion of the preliminary chamber procedure at the latest. CCR has released on the Friday the motivation of a decision ruling in an appeal against the Criminal Procedure Code.

Considering that evidence represents the main element of any criminal case and the classified information that are considered <essential for the case solving> have evidence value in the criminal trial (…) the defendant should have access to classified information in order to be able to challenge of this evidence’s legality,” reads the CCR motivation to the constitutional challenge of the article 352 (line 11) and (line 12) in the Criminal Procedure Code.

The appeal had been filed by the National Anti-corruption Directorate (DNA) and CCR admitted it on January 18.

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