Problematica asistenței juridice obligatorii în cazul administrării probelor anterior începerii urmăririi penale
The Issue of Compulsory Legal Assistance in the Case of Evidence Administrated Prior to Criminal Prosecution

Summary/Abstract: Legal assistance in criminal proceedings, whether we are talking about mandatory or voluntary legal aid, is a fundamental guarantee of the right to a fair trial. The procedural value of the defence can be diverse, and it can even manifest itself prior to the start of the criminal proceedings through a procedural act of the prosecuting authority, in which case the existence or absence of an obligation on the part of the judicial authority to provide mandatory defence at a stage prior to the start of the investigation may be crucial in terms of the legality of the evidence. This article analyses some situations in which the legislator allows for the administration of evidence by judicial bodies prior to the commencement of the criminal prosecution, i.e. to what extent the mandatory legal assistance, attached by the legislator to the criminal prosecution phase, is circumscribed to the evidentiary mechanisms that may be developed even before the beginning of the criminal prosecution.

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