Locul procurorului în sala de judecată din perspectiva jurisprudenței CEDO
The role of the prosecutor in court in light of the ECHR jurisprudence

Summary/Abstract: According to the reviewed ECHR jurisprudence, the Court does not raise issues in concern of the place of the prosecutor, the latter being a matter of internal organisation. Nevertheless, a violation of the right to a fair trial may arise in situations where the position of prosecutors in court, corroborated with other aspects, might lead to a breach of the right of defence during trial. The ECHR has analysed these issues both from a right to a fair trial, as well as a guarantee of impartiality perspective, without identifying any cause for problems. In Romania, the prosecutor has an established place in court, in the area reserved for the podium of the court panel. This, in no way, violates the ECHR case-law.

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