Prosecution is that phase of the criminal process that is achieved through the principle of presumption of innocence, but also imposes a limitation of the rights of the measures resulting from a reasonable suspicion of committing a certain crime. The criminal investigation, criminal prosecution actions are carried out by the prosecuting authority, in strict accordance with the Code of Criminal Procedure, attribute lawyer in conducting this phase is to support the innocence of his client and ensure the presumption of innocence under Article 21 of the Constitution of the Republic of Moldavia and in Article 23, para.11 of the Constitution of Romania, to defend all its rights to take responsibility for its client, leading to the need for participation of lawyers in criminal cases with a strict specialization in this field. Ȋn what rights lawyer involved concern the following issues arising from specific: the legal profession; activities in the criminal trial: the prosecution stage and trial phase. As such, the right defender that result from work during the prosecution is entitled to attend the performance of any act of criminal prosecution, except in special circumstances, the hearing party that occur, consult statements party or subject mainly procedural assisting or representing him in on-site investigations; the right to file a complaint if the demands were not accepted, against measures and decisions of prosecution; right to make requests and to submit statements; the right to make contact with the defendant arrested throughout the prosecution to make them defend the right to see the file, other rights.In conclusion, legislator Moldavian and Romanian by the regulation of the Constitution of the Republic of Moldavia and Romania, the Codes of Criminal Procedure and special laws intended to protect the process side of the Penal ensuring the right only by a person who has the professional qualifications and knowledge specialized and has the right to legal assistance or represent the parties in the process.