Once you become an accused in a criminal trial you have the right to receive full information about all charges against you. This right is important, because it allows you or your lawyer to prepare your defence.
Charge
Information about the charges against you includes not only information about what you have allegedly done, but also which crime it is according to Criminal Code.
example If a person is accused of entering a store, taking from the shelf goods which economic value is considered of large proportions, and leaving without paying, in addition to describing these acts, the prosecution is also obliged to tell the accused that he/she will be charged with theft.
Proof of receipt
This information is be provided in a written and oral form. In all cases, the prosecution will have to prove that you have actually received it by relevant records and signatures on the charges ordinance.
example If the criminally charged person flees from justice or his location is not established following search investigations, the copy of the charges ordinance is presented, against signature, to the defence lawyer, and the accusation is considered as presented to the criminally charged.
Evidence
Information in the charges ordinance does not have to include the evidence against you, but later in the indictment, when the case is sent to court, it has to be sufficiently detailed for you to be able to prepare your defence.
example If a person is accused of a serious and complex crime like murder, there may be such evidence as a forensic expertise report, goods with crime’s traces, whiteness declarations etc.
Copy of indictment
According to the Criminal Procedure Code, you have the right to receive a copy of the indictment as well as copies of the materials in the case file, which relate to you personally or the charges against you.
Timely delivery
The information has to be given to you in a timely manner. This is important because you will need time to prepare your defence. What is considered to be timely will also depend on the nature and gravity of the charge against you.
example If the accused is preparing a defence against a charge of multiple accounts of armed robbery and kidnapping, the time given for the preparation of a defence will be much longer than for a charge of minor theft.
Language
Information about the charge has to be given to you in a language which you speak or understand. If you don’t speak Romanian, then you have the right to request an interpreter free of charge. Information about the charges against you must be translated into a language which you understand, but it does not have to be in your mother tongue or a language, which you simply prefer. The translation can be in either an oral or written form.
If you have not received information about the charges against you in a timely and adequate fashion, it might result in a violation of the right to a fair trial.