From a Defective Indictment to the Inability to Commence Trial: The Defence Secures the Return of the Case to DIICOT

Before the Timiș Tribunal, we secured the return to DIICOT of a case concerning allegations of high-risk drug trafficking as a continued offence, following the prosecutor’s failure to remedy essential deficiencies in the indictment.

The ruling follows our earlier application, through which we obtained a finding of irregularities affecting 36 of the 39 acts attributed to our client. Although the prosecutor maintained the decision to send the case for trial, the judge accepted our arguments and found that DIICOT’s position disregarded the legal provisions governing the determination of the subject matter and scope of the trial, and the case was returned to the prosecution service.

The significance of the ruling also lies in the fact that it halts the case’s progression to a trial on the merits and returns it to an earlier procedural stage. If properly defining the charges requires supplementing the evidence or carrying out further investigative acts, the prosecution service will have to reopen the criminal investigation before it can refer the case to the court again.

The client was assisted by attorney-at-law Mihai Bunu and Alexandra Bob, PhD, attorney-at-law, of Cărămidariu Druță Bunu SCA.