LEGAL GUARANTEES FOR ENSURING THE RIGHT OF DEFENCE WITHIN CRIMINAL PROCEEDINGS IN ROMANIA AND THE REPUBLIC OF MOLDOVA

Abstract

This paper aims at providing a comparative study of the legal framework applicable in the legal systems of Romania and the Republic of Moldova ensuring the exercise of the right of defence in criminal proceedings. A special focus shall be placed on the fair-trial standards developed by the European Court of Human Rights in interpreting the European Convention on Human Rights, as both Romania and the Republic of Moldova are Council of Europe members. The European system of safeguarding the fundamental rights is made whole by the EU standards, which are briefly presented here (while binding for the Member States, the EU model can also serve as a source of inspiration for third countries with which the EU would hold periodic dialogues on various human rights topic). Subsequently, the applicable national provisions of both States, both constitutional and pertaining to criminal procedure law, will be analysed by also making reference to relevant case-law in order to convey the dynamics of the defence rights in practice. The comparative approach is appropriate in the case in point to emphasise the common elements and valuesshared by the two legislations under examination,stemming from the consistency with the ECHR model of protecting the right to a fair trial, in general, and the defence rights, in particular, while, at the same time, revealing the national legal specificities.

Keywords

• right of defence
• criminal proceedings
• fair trial
• effective defence
• ECHR standards