Eficiența și efectivitatea apărării la terminarea urmăririi penale în dreptul procesual penal al Republicii Moldova
The efficiency and effectiveness of defence at the end of criminal proceedings in the criminal procedural law of the Republic of Moldova

Summary/Abstract: The article analyses the efficiency and effectiveness of the defence at the end of criminal proceedings in the Republic of Moldova, highlighting both the existing regulatory framework and the dysfunctions in practice. Although the Code of Criminal Procedure enshrines extensive rights for the defence and complies with the standards of the European Convention on Human Rights, their practical application is often limited by procedural formalism, insufficient time limits, restricted access to evidence and the lack of detailed reasoning in the prosecutor's orders. The analysis reveals that these shortcomings affect the balance between the prosecution and the defence, reducing the effectiveness and efficiency of the defence's participation in the critical stage of the criminal proceedings. To remedy these problems, it is recommended to ensure reasonable time limits, rapid procedures for challenging the prosecutor's actions, as well as institutional measures to strengthen procedural culture and loyal cooperation between the prosecution and the defence, which would ensure fair criminal justice, in accordance with the principle of "equality of arms" and the standards of the right to defence.

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