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Egalitatea armelor în duelul judiciar penal
Equality of arms in the judicial duel

Author(s): Daniel Catalin Velicu
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: principle of equality of arms; fair trial; judicial duel; res judicata

Summary/Abstract: Presenting the principle of equality of arms is the history of a struggle for human dignity and actually represents the form which covers the fundamental principle of equality before the law. The principle of equality of arms created by judicial interpretation requires that each part is given a reasonable opportunity to present their case in such conditions that do not place it in a net disadvantageous position compared to the opponent. ECHR jurisprudence will present an interpretative autority in the national courts in applying the article on a fair trial established lege ferenda in the internal legal system.

  • Issue Year: 2012
  • Issue No: 08
  • Page Range: 483-488
  • Page Count: 6
  • Language: Romanian