Dreptul la apărare şi avocatul, subiect procesual distinct în procesul penal – elemente de noutate în Codul de procedură penală actual
The right to defence and the lawyer, as a distinct participant in the Criminal Trial – elements of novelty in the current Criminal Procedure Code

Summary/Abstract: The new Romanian Code of criminal procedure, as opposed to the old legislation, brings some clarifications in principle, insisting on the right to an attorney as a component of the fair criminal trial and on the importance that must be given to an attorney in a criminal trial in order to guard individual liberties. Thus, for the first time, the attorney is mentioned in the Code of criminal procedure as a distinct participant, with much broader rights than those guaranteed by the old legislation, rights which are provided separately from the rights of the suspect or the accused himself. His position in the criminal trial is redefined and brought closer to that of the prosecutor, due to the introduction in the Romanian criminal procedure of elements specific to the common law system. Among the attorney’s new rights is the right to file complaints against the measures and acts of the prosecutor. The current study deals with the new regulation regarding the right of defense and the guarantees attached to this right, among which the right to an attorney, the right to consult the case file at any stage of the procedure and the guarantee of keeping professional secrecy by an attorney.

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