The court control represents a step towards the fulfillment of the divergence at the detrimental stage and respectively a guarantee in assuring the rights of persons’ protection in the criminal procedure. The implementation of the judiciary control institution in the right of the criminal proceeding, without any doubt, would stimulate the improvement of the quality of the criminal prosecution and the outlining, at the proper moment, of the criminal prosecution errors. Through the determination of the defender’s right to contest the refusal of the criminal prosecution body regarding the management of additional evidence, including by giving the instruction judge the right to fulfill some procedural actions at the request of the defense, there is a development of the judiciary control institution without the extension of the instruction judge’s competence, making sure, at the same time, what is the possibility of the fulfillment of the „weapons equality” principle.