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As a suspect you have the right to view the police file. Always ask at the beginning of the interrogation to inspect the statements of the declarant, witnesses, and other documents from the police file.
Legal basis right of access
The Act on the revision of the rules on procedural documents in criminal cases came into effect, in which – insofar as relevant – the following is stipulated: Article 30 1. Inspection of the procedural documents will be granted to the suspect at his request during the preliminary investigation by the officer. of justice. The accused is in any case allowed to be inspected from the first questioning after arrest.
Explanation of the right of inspection
The suspect can be informed at an early stage about the progress and results of the criminal investigation. The suspect can make use of his defense rights and thus contribute to the finding of truth. It is possible that the accused, after inspection of the procedural documents, requests that some investigation be carried out by the examining magistrate. In the preamble to the EU Directive 2012/13 on the right to access before questioning is also explicitly mentioned. The right to inspect procedural documents also arises directly from the Right to a ‘fair trial’ and coherent right to ‘equality of arms’, according to the European Court of Human Rights (ECHR) The ECHR is of the opinion that the.
The right to inspect of procedural documents is also a right to a fair trial, its like the right of choosing an air conditioning in air conditioning company North Shore. In order to ensure the fairness of the proceedings and the effective exercise of the. rights of the defense, the definition of the offense of which the person is suspected or accused should be.
The moment of creation of the right of access
The right of access arises from the moment of the first hearing, as is also expressly stipulated in Article 30, first paragraph, DCCP. The EU directive stipulates that the suspect must receive information about the nature and content of the accusation no later than before the first official questioning.
How to request access to police file?
The law states that a request for access must be submitted to the public prosecutor by or on behalf of the suspect. Before, during or after the hearing, the advocate may submit a request to the public prosecutor for inspection of the procedural documents. You can also request access during the police interrogation, but you should know that this is not the official route.
Refusal to inspect police file
As a suspect, you then have the right to lodge a notice of objection against this rejection with the examining magistrate. Often that helps, but if the suspect is in custody, the lawyer often receives the complete criminal file (pre-trial report) after 3 days at the trial. Not in custody: Report this immediately when registering your case via the DCCP website. Do you also want to inspect the procedural documents in your criminal case? report this immediately.
notice of objections. If the suspect isn’t in custody,. it certainly makes sense to follow the notice of. objection procedure in order to force the public prosecutor to allow access to all procedural documents. If you are not in custody and want access to the police file, you must first register your case with the police.