EGALITATEA DE ARME ÎNTRE ACUZARE ŞI APĂRARE – UTOPIE SAU REALITATE?
EQUALITY OF ARMS BETWEEN PROSECUTION AND DEFENCE - UTOPIA OR REALITY?

Summary/Abstract: Taking the fundamental principles of criminal proceedings as a starting point, it is necessary that equality of arms also applies to criminal proceedings, both persons accused of committing a crime and the victims of the crime, as holders of the right to a fair trial, must be placed on the same procedural positions, without the representatives of the prosecution benefiting from procedural advantages compared to the accused person. The fair character of the criminal trial, as a principle, is also based on the equality of arms between the defence and the prosecution attached to the impartiality of the representative of the prosecution - the prosecutor. However, since the representative of the prosecution and the defendant cannot be placed on equal positions, one cannot automatically speak of a violation of the equality of arms in the matter of the criminal trial.

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