Content of the right for defense in the criminal prosecution phase: procedural aspects
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similare conform CZU
343.2(043.2) (2)
Drept penal în general (332)
SM ISO690:2012
GUŢANU, Eugen; STAVER, Liliana. Content of the right for defense in the criminal prosecution phase: procedural aspects. In: Relaţii internaţionale. Plus. 2020, nr. 1(17), pp. 237-243. ISSN 1857-4440.
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Relaţii internaţionale. Plus
Numărul 1(17) / 2020 / ISSN 1857-4440 /ISSNe 2587-3393

Content of the right for defense in the criminal prosecution phase: procedural aspects


CZU: 343.2(043.2)
Pag. 237-243

Guţanu Eugen1, Staver Liliana2
 
1 Institute of International Relations of Moldova,
2 Academy “Stefan cel Mare” of MIA of the Republic of Moldova
 
Disponibil în IBN: 20 mai 2020


Rezumat

The article analyzes a fundamental right of the citizen who conflicts with the criminal law – the principle of ensuring the right for defense. The basic tasks of the jurisprudence can be fulfilled only by respecting the human rights and legal interests. A harmonious combination of personal and public interests with those of the state is an unwavering condition of a state of law is to not violating the rights of personality. Among the multitude of fundamental rights that the citizen has, an important place is the right to defend the suspect, the accused, the defendant. This constitutional principle is given a special place in the system of principles of a democratic state. The exercise of the right to defense is not only a manifestation of democracy, but also a necessary condition for the effective realization of justice. The observance of the procedural guarantees of the accused in the criminal process in which the contradictions between the legal interests of the person and those of the state is lacking, ensures the supremacy of law and justice in the process of carrying out the justice. The principle of assuring the accused of the right to defense is reflected in the humanism and democratization of justice. This constitutional principle contributes to the carrying out of justice and the realization of the function of a fair trial.

Cuvinte-cheie
the right to defense, citizen, society, norms of law, state