ASISTAREA MARTORULUI DE CĂTRE AVOCAT ÎN PROCESUL PENAL. UN DREPT ILUZORIU ŞI LIPSIT DE EFICIENŢĂ. O PROBLEMĂ PENTRU EXERCITAREA PROFESIEI DE AVOCAT
WITNESS ASSISTANCE BY THE LAWYER IN CRIMINAL PROCEEDINGS. AN ILLUSORY AND INEFFECTIVE RIGHT. A PROBLEM FOR THE PRACTICE OF LAW
Author(s): Andrei Sebastian MurariuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: witness assistance by lawyer; Constitutional Court Decision no. 236/2020; Article 118 of the Criminal Procedure Code; assistance or representation; self-incrimination;
Summary/Abstract: The present article aims to analyze the deficiencies that the witness's lawyer may encounter in the criminal procedure in Romania. Decisions of the Constitutional Court have obligated the legislature to amend the criminal procedural legislation to allow the witness to be assisted by a lawyer. However, the deficient manner in which Article 118 paragraph (4) of the Criminal Procedure Code was drafted does not grant the witness's lawyer any rights. Furthermore, the term "to assist" was used in the sense of observation, monitoring, and not at all in the sense of assisting another party to the proceedings, as is the case with assisting the suspect or the accused.
Journal: Universul Juridic
- Issue Year: 2024
- Issue No: 02
- Page Range: 37-44
- Page Count: 8
- Language: Romanian
