Garantarea dreptului la apărare în dreptul procesul penal român în acord cu art. 6 din Convenția Europeană a Drepturilor Omului
Guaranteeing the right to defence in the Romanian criminal proceedings law in conformity with art. 6 in the European Convention on Human Rights

Summary/Abstract: The Constitution of Romania (art. 24) expressly provides for the right to defence as one of the fundamental rights and freedoms. While a restricted meaning identifies this right only with the right to legal assistance by a lawyer, the complete meaning includes, on the one hand, the sum total of the rights and procedural guarantees enjoyed by the parties in a lawsuit to defend themselves, prove their guiltlessness, have their claims satisfied or prove their groundlessness and, on the other hand, the provision of actual and qualitative legal assistance. The author examines the guarantee of the right to defence interpreted in its complete meaning, in the Romanian criminal proceedings as compared to art. 6 in the European Convention on Human Rights and the jurisprudence of the European Court of Human Rights. She refers to the procedural rights (the right to be informed about the nature and the cause of the accusation, the right to be allowed the necessary time and facilities needed by the defence, the right to actual defence, the right to propose and hear witnesses, the right to an interpreter) and she refers to the procedural guarantees as well. In conclusion, the legal criminal proceedings in Romania include, in the form of fundamental principles of the criminal lawsuit, the implicit guarantees of the right to defence consecrated by the jurisprudence of the European Court of Human Rights – hearing the person, the contradictoriness of the procedure, the principle of equality of arms, the right to the execution of sentences.

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