CRIMINAL CASE. Materials of criminal proceedings (criminal case) and the right to become acquainted with them

Acknowledging collected during the pre-trial investigation sufficient evidence for drawing up the indictment, the Prosecutor or the investigator on his behalf must inform the suspect, his defense counsel, legal representative and defender of the completion of pre-trial investigation and the provision of access to the materials of the pretrial investigation.

The Prosecutor or the investigator on his behalf shall provide access to the materials of the pretrial investigation which are in its possession, including any evidence which by itself or in conjunction with other evidence can be used to prove innocence or lesser degree of guilt of the accused, or to mitigate the punishment.

The Prosecutor or the investigator on his behalf shall provide access to and to copy or reflect appropriately any material evidence or in part, documents or copies of them, and also to provide access to premises or places, if they are in the possession or under the control of the state and the Prosecutor intends to use the information contained in them, as evidence in court.

Providing access to content includes the ability to copy or reflection of the materials.

The documents, which are available for inspection may be deleted information will not be disclosed during the trial. Removal should be clearly marked. At the request of the parties of criminal proceedings the court has the right to allow access to the information that has been deleted.

The defense, on request of the Prosecutor is obliged to provide access to and to copy or reflect appropriately any material evidence or in part, documents or copies of them, and also to provide access to housing or other property, if they are in the possession or under the control of the defense, if the defense intends to use the information contained in them, as evidence in court.

The defense has the right not to grant the Prosecutor access to any materials that may be used by the Prosecutor to prove the guilt of the accused in the Commission of a criminal offence. The question of the attribution of specific materials, which can be used by the Prosecutor to prove the guilt of the accused in the Commission of a criminal offence and, as a consequence, the adoption of a decision to grant or not to grant the Prosecutor's access to such materials, may be deferred until after review by the defense with the materials of the pretrial investigation.

The parties to criminal proceedings shall be obliged to confirm in writing the opposite side, and the victim, the representative of the legal person against whom the proceedings are conducted - the Prosecutor of the fact that they have access to the materials, indicating the name of such materials.

The parties to criminal proceedings shall be obliged to implement the opening of each other additional materials received before or during the trial.

If the side of a criminal proceeding will not make the opening material in accordance with the provisions of this article, the court has no right to prevent the information contained in them, as evidence.

The indictment is drawn up by the investigator, and then approved by the Prosecutor. The indictment can be drawn up by the Prosecutor, in particular if he does not agree with the indictment, which was drawn up by the investigator.

Documents, and other materials available to the court during trial participants, judicial decisions, and other documents and materials relevant to criminal proceedings, shall be attached to the indictment, a motion for the imposition of coercive measures of medical or educational nature, the request for release from criminal liability and are in the criminal proceedings (criminal case).

After assigning the case for trial, the presiding judge shall provide the parties to the proceedings the opportunity to be acquainted with materials of criminal proceedings, if they stated the petition. During familiarization, the participants of the proceedings have the right to make materials necessary extracts and copies.

The materials on the application of security measures in respect of persons who participate in criminal proceedings, for information not available.