Sancțiunea care intervine în cazul în care nu se asigură asistența juridică obligatorie a persoanei vătămate minore – nulitatea absolută sau nulitatea relativă
The sanction that occurs if the mandatory legal assistance of the minor injured person is not provided – absolute nullity or relative nullity

Summary/Abstract: A controversial issue encountered in recent practice concerns determining the type of nullity that arises when legal assistance is not provided to a minor injured party—an aspect of great importance from the perspective of the legality of criminal proceedings. Based on the interpretation of Article 281 paragraph 1 letter f of the Criminal Procedure Code, combined with the need for symmetry in situations deemed by the legislator to require legal assistance for parties or procedural subjects, as well as the applicable sanction in case of non-compliance, it has been argued, in an initial opinion, that legal assistance is mandatory in all cases where a party or participant in the criminal process is in a vulnerable situation, such as minority status, and where serious consequences may result for that person in the conduct of the criminal proceedings. Therefore, the applicable sanction is absolute nullity.

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