PROCEDURAL RIGHTS OF THE SUSPECTS AND OF THE ACCUSED DURING THE CRIMINAL PROCEDURES ACCORDING TO THE NEW COMMUNITARIAN REGULATIONS
PROCEDURAL RIGHTS OF THE SUSPECTS AND OF THE ACCUSED DURING THE CRIMINAL PROCEDURES ACCORDING TO THE NEW COMMUNITARIAN REGULATIONS

Summary/Abstract: The communitarian legislator is concerned about the creation of minimal norms with the purpose of removing the obstacles standing in the way of the free movement of citizens within the territory of the Member States. The consolidation of the procedural safeguards recognized for the suspects, accused and wanted persons represents an element of analysis in this regard.According to the Treaty on the functioning of the European Union (TFEU), the judicial cooperation in criminal matters within the European Union shall be based on the principle of mutual recognition of judgments and judicial decisions.The transfer into practice of this principle is based on the premise that each Member State trusts the criminal justice systems of the other states. The extension of the principle of the mutual recognition depends on a series of parameters, which include protection mechanisms for the rights of the persons suspected and accused and common minimal standards, necessary for the smooth application of this principle.

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