ENFORCEMENT OF THE RIGHT OF DEFENSE IN THE CRIMINAL TRIAL
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
One of the fundamental principles of the criminal trial is the principle of enforcing the right of defense, being not only an expression of the rule of law, but also a necessary condition for the efficient course of justice. The right of defense is a complex right, comprising all the possibilities provided by the legislator to the parties and subjects in the criminal proceedings, in order to defend their interests, and is expressed under three general aspects: the possibility of the parties to defend themselves in person during the criminal trial; the obligation of the judicial bodies to consider ex-officio aspects also favorable to the parties involved in the criminal trial; the possibility and sometimes the obligation to provide legal assistance during the criminal trial. The right of defense is a fundamental right, guaranteed by the Constitution, by the Criminal Procedure Code and by the international treaties. Any violation of the right of defense implies various penalties, including the most important sanction provided by the Criminal Procedure Code, respectively the absolute nullity of the acts taken in violation of this right, including the nullity of the decision pronounced under these conditions and retrial of the case.
Authors and Affiliations
Alina-Marilena ŢUCĂ
Keywords
Related Articles
- EP ID EP583245
- DOI -
- Views 111
- Downloads 0
ASPECTS REGARDING THE ROLE AND FUNCTIONS OF THE STATE, IN ECONOMY
Public Sector Economics - branch of economic science – has, as main object of study, the state policies, the role and importance of its actions in the economic and social life. State involvement in the economic life is r...
REFLECTIONS REGARDING THE ENFORCEMENT OF THE PREVENTION LAW IN THE AREA OF EMPLOYMENTS RELATIONSHIPS
The Law no 270/2017 - Prevention Act is an inedited step in the Romanian legislation. For the first time in Romanian legislation, the ascertaining agent of a contravention has the obligation to establish several remedial...
BEATING BANKS THROUGH KNOWLEDGE
In Romania, in the last decade, a significant number of solutions favorable to consumers with foreign currency denominated loans were obtained in courts against the banks or non-bank financial institutions. The judges no...
PROTECTION OF THE WASTE REGIME BY CRIMINAL LAW. ACTUAL SITUATION IN ROMANIA
In this paper, the author discusses the main weaknesses of the incrimination provided by article 63 of Romanian Law no.211/2011, regarding the waste regime, in its actual state, as a result of legislation changes that oc...
CONFLICT OF INTEREST IN ADMINISTRATIVE LAW
We are currently witnessing, on the one hand, new forms of relationships between public and private sector, such as public-private partnership agreements, concession agreements, etc. and on the other hand, the expectatio...