Access to classified information in the criminal and expulsion proceedings. Is it necessary to create a special lawyers' section within the bar? Cover Image

Accesul la informațiile clasificate în procesul penal și în procedura expulzării. Este necesară crearea unei secții de avocați speciali în cadrul baroului?
Access to classified information in the criminal and expulsion proceedings. Is it necessary to create a special lawyers' section within the bar?

Author(s): Remus Jurj-Tudoran
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: national security; classified information; right to a fair trial;

Summary/Abstract: Access to classified information in the criminal and expulsion proceedings may be restricted in order to protect national interests in the field of national security. In order to ensure that the defendant has a fair trial, any difficulties caused to the defence by limiting its rights must be sufficiently compensated by the court proceedings. The creation of a bar specialist section with certificates of access to classified information that would be available to represent defendants in cases involving terrorism, national security and other cases involving classified evidence should minimize the risk inappropriate disclosure; placing the option in the hands of the defendant should minimize the burden on constitutional rights without, however, completely eliminating the conflict between the rights of the defendant and the national security imperatives.

  • Issue Year: 2019
  • Issue No: 1
  • Page Range: 50-74
  • Page Count: 25
  • Language: Romanian