Critical issues regarding the regulation of the right to silence and non-incrimination in the Romanian criminal procedure, with comparative law references Cover Image

Aspecte critice privind reglementarea dreptului la tăcere şi la neautoincriminare în procedura penală română, cu referințe de drept comparat
Critical issues regarding the regulation of the right to silence and non-incrimination in the Romanian criminal procedure, with comparative law references

Author(s): Voicu Puscasu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: the right to silence and the privilege against self-incrimination; the Romanian criminal procedure law; the new and the old Code of Criminal Procedure; comparative criminal procedure law

Summary/Abstract: The present Study aims to analyze the law concerning a highly important criminal procedural safeguard, namely the right to silence and the privilege against self-incrimination, especially within the Romanian criminal procedure, with regards to both the old Criminal Procedure Code, but, above all, to the new law concerning the right mentioned, with the entry into force on 1st of February 2014 of the new Code of Criminal Procedure. It aims not only to present the issues of novelty and continuity of national legislation but also, in relation to the standard of the European Court of Human Rights, and by an analysis of other legal systems in countries with a legal tradition of an outmost importance in the criminal procedure, to verify whether the new law meets the expectations of the legislative, namely that of a modern and high-quality justice.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 71-90
  • Page Count: 13
  • Language: Romanian