Dreptul martorului de a fi asistat de avocat
The right of the witness to be assisted by a lawyer

Summary/Abstract: This article discusses a controversial topic in the doctrine and case law. Some may consider it to be irrelevant, arguing with vehemence that the witness in the criminal trial has only a series of obligations, not being recognized his genuine right to defence as well. That is precisely why the purpose of the article consists of a more nuanced approach to this lively disputed subject. Therefore, the author offers a historical perspective and a current perspective, in the context of protecting human rights in the criminal trial. Likewise, the necessity to clarify the criminal procedure legislation on this topic should not be neglected either. The legislation in the matter of criminal procedure springs from the application of some principles and the author follows up the application of these principles in the current criminal trial. Thus, it will be discussed the essential and fundamental component of the right to defence, as it is provided in the Romanian Constitution, republished, in Article 24, as well as in the related legislation in force, which confers the witness a genuine right to specialized legal assistance.

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