Despre restrângerea dreptului la apărare în cazul abaterii judiciare privind lipsa nejustificată a avocatului
On the Limits on the Right to a Defence in Case of Judicial Miscounduct Concerning the Unjustified Absence of the Counsel

Summary/Abstract: This editorial stresses the fact that the punishment of the judicial misconduct enacted in Section 283 (3) of the Criminal Procedure Code – the unjustified absence of the counsel – is not a mere sanction inflicted to the defence counsel but a limit to the fundamental right to the assistence by the counsel of one’s own choosing. The competence to assess the condition of such a limitation belongs to the judge. It does not raise an issue of unconstitutionality. In this approach the judge ought to take in consideration: the rights and the duties of the counsel, the role of the counsel in criminal proceedings, the special relationship between the defendant and his or her counsel and the practical contraints the counsel encounters in his activity.

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