Restrângerea dreptului la un proces echitabil în procedurile judiciare penale pe durata stărilor excepționale de urgență și alertă
Limiting the Right to a Fair Trial in Criminal Court Proceedings during Exceptional States of Emergency and Alert

Summary/Abstract: The citizen, in a democratic state, has duties assumed and freedoms guaranteed by the state, equal for all citizens. The two notions are not in the same plane, nor do they have the same content. Human rights represent a minimum of prerogatives necessary for human self-determination, while public rights and freedoms are prerogatives that ensure the concrete individual's security and protection, being his true claims on society. The Law, in the sense of individual law or collective law, is the possibility, the faculty recognized by society or the behavior imposed by it, through the state, to satisfy the social needs of the active and passive subject, in the spirit of equity, to do, not to do, to give or not to give, or to claim or receive something, ensured if necessary through the coercive force of the state. The obligati on is the bond recognized or imposed by society, through the state, of a subject to another subject, by which the first is held to, in the spirit of good and equity, to do, not to do, to give or not to give something, according to the rights and freedoms of the second, under the sanction of state coercion. So, the obligation is a legal bond, the execution of which is guaranteed, if necessary, by the coercive force of the state. Therefore, by law, the society recognizes, protects and guarantees the goods, legitimate interests and other values of the individual, the collective and the society, in order to satisfy the needs, ensuring, if necessary by force, the observance of the obligations necessary to fulfill them.

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