Analiza unor cazuri practice privind încălcarea dreptului la apărare al inculpatului în cursul urmăririi penale
Analysis of some practical cases regarding the violation of the defendant’s right to defence during the criminal prosecution

Summary/Abstract: The right to defence is a fundamental principle characterising criminal proceedings, provided by the European Convention on Human Rights and by the national legislation, and the prosecution bodies have the obligation to respect equality of arms in criminal proceedings.In criminal proceedings, parties have the opportunity to defend themselves or to be assisted by a lawyer so that the defendant benefits from legal aid from the beginning of questioning by the criminal investigation bodies. Thus, Romanian legislation protects not only the individual interests of citizens, but also the general interest of society in finding out the truth.This article aims to analyse some cases identified in the practice of prosecutor’s offices regarding the violation of the defendant’s rights of defence during the criminal investigation phase, although the indictment was ordered, resulting in the restitution of the case by final decision of the preliminary chamber judge.

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