The witness’ right against self-incrimination and to have the assistance of counsel Cover Image

Dreptul martorului de a nu se autoincrimina și de a fi asistat de avocat
The witness’ right against self-incrimination and to have the assistance of counsel

Author(s): Georgiana Sas
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Solomon
Keywords: the right against self-incrimination; the right to legal counsel; suspected witness; exclusion of evidence; non-usability of evidence;

Summary/Abstract: Despite their tumultuous history, the suspect’s and the defendant’s right against self-incrimination and to be assisted by counsel are widely recognized in modern legislation, with the Romanian codification making no exception. However, not the same can be said about the rights of the witness during a criminal trial, much less when it concerns the suspected witness, a participant who, although formally a witness, is rather a de facto suspect. This paper examines the national legislation in regards to the recognition and effectiveness of the right to not incriminate oneself and to be assisted by counsel in the particular case of the suspected witness, having regard to the case law of the European Court of Human Rights and to comparative law.

  • Issue Year: 2020
  • Issue No: 1
  • Page Range: 6-18
  • Page Count: 13
  • Language: Romanian