Decizia Curții Constituționale a României nr. 637 din 19 octombrie 2021 referitoare la excepția de neconstituționalitate a dispozițiilor art. 88 alin. (2) lit. b) și ale art. 346 alin. (3) lit. b) din Codul de procedură penală
Decision of the Romanian Constitutional Court no. 637 of October 19, 2021 regarding the exception of unconstitutionality of the provisions of art. 88 para. (2) let. b) and of art. 346 para. (3) let. b) of the Code of Criminal Procedure

Summary/Abstract: The right to defense, as a fundamental right, is manifested in a variety of forms, one of which is the possibility granted to the parties/subjects of the proceedings to benefit from legal assistance through a chosen lawyer. The criminal procedural law subordinates this private manifestation to a command of public interest, such as ensuring a good conduct of the criminal process, in the sense of ensuring the finding of the truth. Thus, through the regulation, at the level of art. 88 para. (2) lit. b) of the Code of Criminal Procedure, of the interdiction to be a lawyer in question, imposed on the person called to testify as a witness, the legislator made sure that he gives priority to the imperative to find out the truth, thus mitigating the exercise of the right to defense of a party/ procedural subject, by preventing the employment of a lawyer who may have conflicting interests (the awareness of a correct testimony that can incriminate the client against the need of the same client to ensure his defense in the best possible way).

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