Principiul contradictorialității în procesul penal al unor state din sistemul de drept anglo-saxon [Articol]

Abstract

The multiple operations performed in the last period of time in the criminal procedure law of the Republic of Moldova did not have in view the subject of adversariality which, as the legislator considers, applies not only to the examination of the cases in the court, but also in the pre-trial phases of the criminal trial. At the same time, the contemporary activity of criminal proceedings is continuously improving in the side and in the direction of the adversariality. As a result of this fact, not only the trial phases of a criminal case, but also the pre-trial ones acquire an adversarial form and content. For adversariality to exist between the procedural subjects, they need to be constantly informed about the evidence in the file, which is not always possible, because the legal provisions regarding confidentiality would be violated.