Audierea inculpatului prin videoconferință și prezența apărătorului ales/din oficiu
Hearing the Defendant by Videoconference and the Presence of the Elected /Ex Officio Defense Counsel

Author(s): Mihai-Costin Toader
Subject(s): Economy, Law, Constitution, Jurisprudence, Criminal Law, ICT Information and Communications Technologies
Published by: Universul Juridic
Keywords: ex officio or elected defense counsel; defendant; videoconference; hearing; detention; physical presence;
Summary/Abstract: This paper aims to review a legal issue raised in judicial practice regarding the set of rules on the hearing of the detained defendant, as well as the presence of his ex-officio defense counsel, and to provide an acquittal, in principle, of this problem. As the legislator unequivocally established, during the state of emergency, currently established in the context of the spread of the COVID-19 pandemic, the judiciary has the possibility/faculty to proceed to the hearing of the defendant, by means of remote communication, even without consent the defendant. Although the procedural provisions currently require the presence of the chosen/ex officio defense counsel at the place of detention, insofar as the defendant's hearing is structurally and morphologically integrated in the natural course of the criminal proceedings, we consider that the only way to guarantee the effectiveness of the right is in defense of the defendant, is that his defense counsel participate in the trial, directly and directly, before the full court, to actively uphold the rights and legitimate interests of the defendant, throughout the course of the judicial proceedings.

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