The Right to the Effective Defence - the Component of a Fair Trial
The Right to the Effective Defence - the Component of a Fair Trial

Summary/Abstract: According to art. 8 of CCP, the judicial bodies have the obligation to carry out the criminal prosecution and the trial in compliance with the procedural guarantees and the rights of the parties and other procedural subjects, so that the offenses which constitute offenses are fully and promptly detected and any guilty person be held liable within a reasonable time. The right to effective defence is one of the essential components of a fair trial, being regulated both in the Criminal Code of Procedure and the ECHR jurisprudence, representing a complex right, which consists of all the prerogatives, faculties and possibilities provided by law to the justices to defend their interests. The number of procedural acts forbidden to the lawyer, even during the criminal prosecution, was drastically restricted, as well as the limitation of his access to the criminal prosecution file. Equity represents the full equality of all participants in the criminal process, thus striking a balance between defending the general interest of society and the legitimate interest of innocent people not to be subject to criminal constraint. This definition includes three essential elements: the need to resolve within a reasonable time, with exact and accurate repression, and respect for the rights and freedoms of individuals.

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