Conţinutul numărului revistei |
Articolul precedent |
Articolul urmator |
129 8 |
Ultima descărcare din IBN: 2023-12-27 10:34 |
SM ISO690:2012 OSTAVCIUC, Dinu, OSOIANU, Tudor. Freedom of self-incrimination. In: Cogito, 2023, vol. 15, pp. 72-96. ISSN 2068-6706. |
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Cogito | ||||||
Volumul 15 / 2023 / ISSN 2068-6706 /ISSNe 2247-9384 | ||||||
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Pag. 72-96 | ||||||
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Certain publication is dedicated to one of the principles of the criminal process – the freedom to testify against oneself. That principle is found in the domestic legislation of most democratic countries, as well as in international legislation. The article in reference invokes the analysis of the spectrum of problems regarding the fundamental right of the person to decide whether he wants to submit statements to the judicial bodies that bring him criminal charges. The given analysis is based on the jurisprudence of the Republic of Moldova, international and, in particular, of the European Court of Human Rights. The authors identify the problems that have arisen and give solutions to eliminate the divergences, through practical recommendations and proposals for ferenda law, emphasizing the importance of respecting human rights in the criminal process through the prism of art. 6 of the ECHR and art. 21 of the Code of Criminal Procedure of the Republic of Moldova. |
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Cuvinte-cheie confession against himself, the right to remain silent, penal trial |
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