FATOS NANO IS SENT TO TRIAL WITHOUT BEING GRANTED THE LEGAL RIGHT TO BE SHOWN THE CASE MATERIALS
CASE MATERIALS[?]
Serious violations: Article 102 of the Code of Criminal Procedure: The accused’s ознакомation with the case materials
Serious violations: Article 102 of the Code of Criminal Procedure:
The accused’s ознакомation with the case materials
"In the event that innocence is proven, the case materials are examined and handed over to the accused; if he does not understand them, a person is appointed to read and translate them into the language he knows."
REQUEST
For the return of the criminal case against FATOS NANO for completion of the investigation, since the rules of criminal procedure have been seriously violated
Before the Tirana District Court
By the end of June 1993, the Tirana District Prosecutor’s Office had submitted for trial the criminal case against the citizen Fatos Nano and the other defendants. With the passage of a period of nearly 8 months from the date this case was submitted for trial, on the basis of Articles 96 and 101 of the Criminal Procedure Code, the defendant Fatos Nano has not yet been acquainted with the case materials, which constitutes a serious procedural violation. The defendant Fatos Nano was informed of the charge already during the preliminary investigation phase, when the criminal prosecution began and he was questioned in the capacity of defendant, but this is not enough because, according to the law, he must be fully acquainted with the case materials before the case goes to trial.
In the present case, the defendant Fatos Nano and his defense counsel, being detained and limited in the possibility of normal contact with the procedural authority, have repeatedly requested access to all the case-file documents and to the evidence collected. This right was not guaranteed to them. This undermines the defense, equality of arms in the proceedings, and the very validity of sending the case to trial.
Under Article 102 of the Code of Criminal Procedure, after the investigation is completed, the defendant is acquainted with all the case materials and is given the opportunity to submit requests, objections, and ask for additional investigative actions to be carried out. Failure to comply with this provision makes it necessary to return the case for completion of the investigation.
It is requested that the court establish the procedural violations committed and order the return of the criminal case against Fatos Nano for completion of the investigation, while guaranteeing in advance the defendant’s full ознакомation with the case-file materials.
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