Dreptul la autoapărare în cursul procesului penal: discrepanțe între CEDO și legislația procesuală penală a Republicii Moldova
Right to self-defence during the crime process: discrepances between the ECHR and proceusal criminal law of the Republic of Moldova
Author(s): Aliona FrunzăSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: European Convention on Human Rights; European Court of Human Rights; self-defense; accused; criminal process;
Summary/Abstract: Fundamental human rights are core values in rule-of-law states, with protections enshrined in the legislation of many nations. Among these rights, the right to defense holds particular significance and is safeguarded internationally by the ECHR. These right grants defendants the choice to represent themselves or to be assisted by a lawyer, both essential for ensuring a fair trial. In Moldova, the Code of Criminal Procedure allows for self-representation. However, an explicit clarification of this right, independent of the condition of waiving a lawyer, would enhance comprehensive legal protection and align national legislation with international standards and ECHR case law.
Journal: Legea şi Viaţa
- Issue Year: 1/2024
- Issue No: 4
- Page Range: 154-161
- Page Count: 8
- Language: Romanian
