The ’favor defensionis’ principle in domestic law and European law
The ’favor defensionis’ principle in domestic law and European law
Author(s): Balazs ElekSubject(s): Criminal Law, Civil Law, EU-Legislation
Published by: Editura Pro Universitaria
Keywords: criminal procedure; favor defensionis principle;
Summary/Abstract: The principle of favor defensionis (benefit of protection) nowadays basically expresses that the procedural law seeks to eliminate, alleviate and somewhat compensate the disadvantage of the accused by certain sub-provisions. The conceptual element of a fair trial is the principle of equality of arms, which serves the purpose of providing equal opportunities and opportunities for prosecution and defense in the course of criminal proceedings. However, the defense is clearly at a disadvantage and it is therefore necessary for the person responsible for the predominance of state power to have adequate means to debate the charge
Journal: Revista Facultății de Drept Oradea
- Issue Year: 1/2021
- Issue No: 1
- Page Range: 13-17
- Page Count: 5
- Language: English