Success at the Preliminary Chamber Stage: DIICOT Ordered to Clarify the Charges to Define the Subject Matter and Scope of the Trial

Before the Timiș Tribunal, we obtained the granting of our application demonstrating significant deficiencies in the drafting of the indictment in a case concerning allegations of high-risk drug trafficking as a continuing offence.

The preliminary chamber judge found the indictment to be defective in respect of 36 of the 39 acts attributed to our client and granted the defence's request that the prosecutor be directed to remedy the identified deficiencies and clarify the charges. The ruling confirms that a person cannot be sent for trial on the basis of ambiguous charges without a sufficiently specific description of the concrete acts attributed to them.

The outcome highlights the need for an active and rigorous defence from the preliminary chamber stage onwards. Clarity of the charges is more than a mere formal requirement: it is an essential safeguard of the right to a defence and of respect for the fundamental right to a fair trial.

The client was assisted by attorney-at-law Mihai Bunu, a member of the criminal law practice at Cărămidariu Druță Bunu SCA.