Asistarea şi asistenţa juridică în procesul penal – delimitări conceptuale la nivel jurisprudenţial
The Concept of Assisting a Party vs. the Notion of Legal Assistance in Criminal Proceedings – Conceptual Delimitations in Jurisprudence

Summary/Abstract: The aim of this article is to highlight the distinction between the act of assisting a party during criminal proceedings and the concept of legal assistance, interpreted both in the light of the national jurisprudence and the relevant doctrine, as well as from the perspective of the case law of the European Court of Human Rights. In its mission to regulate the case of absolute nullity regarding the parties’ legal assistance, when drafting Article 281 paragraph (1) letter f) of the Criminal Procedure Code, the legislator juxtaposed the previously indicated concepts, which has created confusion regarding how the sanction of absolute nullity will intervene in relation to the acts carried out in the case. It is the duty of the court appointed lawyer to prepare the defense strategy; the acts performed by the judicial authorities should not be sanctioned for the lawyer’s lack of diligence who assists or represents the party.

• Details
• Contents