ARME EGALE, JUDECATOR IMPARTIAL: SUNT SUFICIENTE PENTRU UN PROCES ECHITABIL?
EQUAL ARMS, IMPARTIAL JUDGE: ARE THEY SUFFICIENT FOR A FAIR TRIAL?

Summary/Abstract: The fairness of criminal proceedings, as well as their reasonable length, are fundamental principles governing criminal proceedings. It can be said that there are three types of shortcomings: those relating to regulatory activity, those concerning the organisation and functioning of courts or prosecutors’ offices, and those resulting from efforts to unify judicial practice in this field. Emphasized as a principle, the fairness of criminal proceedings is based on equality of arms between the defence and the prosecution. Equality of arms is enshrined in legislation in the Constitution of Romania, in Article 16 (1) and (2), which reads as follows: “(1) Citizens are equal before the law and public authorities, without privileges and without discrimination; (2) No one is above the law”, as well as in Article 21 of the Constitution, this provision ensuring the fundamental right of individuals, irrespective of nationality, race, sex or religion, to exercise, on an equal footing, all rights laid down by law and to participate fairly in social, economic and cultural legal life.

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