Criminal legal proceedings are understood as set of two stages of activity: prejudicial and judicial manufacture on criminal case. The conclusion about giving of competitiveness of the status arises, is valid the general remedial principle and distribution of its action, including for a stage of preliminary investigation. The European Court recognizes infringement 4 items 5 of the Convention if accused or its defender have not been acquainted with the materials of criminal case directed to court for a substantiation of the petition for application of a preventive punishment in the form of imprisonment. It allows to address in the European Court with the complaint to the specifi ed infringement, or to use the stated case practice in the appeal on the decision of the judge who has satisfi ed the petition for election of imprisonment concerning accused or the suspect. On the basis of the spent analysis it suggested to add the criminally-remedial law of Republic Moldova with positions by allocating right of acquaintance with materials of criminal prosecution attached to the petition for application or prolongation of arrest for the appeal of this decision in a cassation order accordingly the suspect accused and the defender.