Publicitatea şedinţei de judecată
Publicity of the court session
Author(s): Dinu OstavciucSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Human Rights and Humanitarian Law, Court case
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: publicity; principle; court session; closed sessions; courts of law; fundamental law; criminal process; procedural sanctions;
Summary/Abstract: Publicity is included among the principles of the criminal process, which is applicable only to the trial phase of the criminal case. The principle of publicity of the court session has a special role, because in order to ensure the protection of the rights and freedoms of the person, a trial cannot take place behind closed doors, otherwise there would be suspicions of committing abuses and distrust in the judiciary. However, there are cases when court hearings can take place outside of publicity, i.e. the hearings must be closed, but this fact must correspond to requirements and conditions strictly determined by law. The article in reference analyzes the domestic legislation and practice regarding the application and observance of the respective principle in relation to the international legislation and practice, explaining the exceptions of advertising and coming up with solutions to improve the procedural-criminal legislation. The research identifies the problems arising in the practice of the courts and comes up with solutions to remove the divergences.
Journal: Legea şi Viaţa
- Issue Year: 5/2022
- Issue No: 5
- Page Range: 63-73
- Page Count: 11
- Language: Romanian
