A Right of the Defendant: Requesting the Re-Administration of Evidence during the Criminal Prosecution

Abstract

Although the adversarial principle is specific to the phase of the preliminary chamber and the trial phase, there are situations in which this general principle of law is also applicable to the criminal prosecution phase. This paper proposes to capture the applicability of art. 100 CPA, by reporting the possibility of the suspect or the defendant proposing the administration of evidence during the criminal prosecution phase. We will dissect the issue of the administration of evidence at the request of the suspect or the accused in the criminal prosecution phase, taking into account the provisions of the criminal procedure code, but also the European provisions applicable to the topic tackled here.