Garantarea dreptului la apărare în contextul noului Cod de procedură penală
Guaranteeing the Right to Defence in the Context of the new Code of Criminal Procedure

Summary/Abstract: As an essential guarantee of the right to a fair trial, the right to defence regulated in detail in the New Code of criminal procedure. Similarly to the previous legislation, this right is considered a fundamental principle of the criminal trial.The first part of this paper presents the complex content of the right to defence by constant reference to the case law of the European Court of Human Rights. This approach is meant to underline the extent to which the domestic provisions are compatible with the requirements laid down by the StrasbourgCourt.The second part of this paper deals extensively with the role of the lawyer in guaranteeing the right to defence. As an absolute novelty, the lawyer is regarded as a distinct participant to the criminal trial, holder of own rights and obligations.The study concludes with a short analysis of the means to ensure the protection of the professional secrecy of the lawyer - a subject of great practical importance.

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