IMPORTANȚA DREPTULUI LA APĂRARE ȘI ASIGURAREA RESPECTĂRII ACESTUIA ÎN PROCEDURA DE DISPUNERE A EXPERTIZEI
THE IMPORTANCE OF THE RIGHT TO DEFENSE AND ENSURING ITS RESPECT IN THE PROCEDURE FOR DISPOSING OF EXPERTISE

Summary/Abstract: This scientific article examines the importance of the right to defense and the guarantees required to ensure its respect in the procedure for ordering judicial expertise. Conducting an expert examination involves respecting the suspect’s, accused’s, or defendant’s right to defend themselves, which constitutes a positive obligation of the criminal investigation body. This obligation requires compliance with several procedural safeguards provided by Articles 142-153 of the Code of Criminal Procedure, supported by the jurisprudence of the European Court of Human Rights and the Constitutional Court of the Republic of Moldova. The article emphasizes that the state is responsible for the actions of any public authority or official and highlights the need for effective procedural guarantees, including proper notification of the parties, access to relevant information, and the possibility to challenge the appointed expert. Ensuring these safeguards is essential for maintaining the fairness of criminal proceedings and the integrity of judicial expertise.

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