Theoretical and practical aspects regarding the notions of assistance and conventional representation in the Romanian criminal procedural law

The jurisprudence of the European Court of Human Rights on state-guaranteed legal aid and representation in the interests of justice

  • Bogdan Mihai Dumitru Facultatea de Drept, Universitatea „Titu Maiorescu” din București; Constanța District Court
DOI: https://doi.org/10.24193/CDP.2021.3.4
Keywords: mandatory free conventional assistance, conventional representation, Constitutional Court’s decision no. 88/2019

Abstract

Through this study, the author presents and analyses a concrete situation in the practice of courts regarding the notions of free conventional assistance and representation as well as the procedural consequences of not appointing an ex officio defense counsel in accordance with Article 90 of the Code of Criminal Procedure.

In order to formulate conclusions regarding the correct solution, in the opinion of the author, both during the trial in the first instance and on appeal of the legal situation in question will be taken into account both the recitals of Constitutional Court’s decision no. 88/2019, as well as the established jurisprudence of the European Court of Human Rights on legal assistance and legal representation guaranteed by the state in the interests of justice.

Published
2022-01-03
Issue
No 3 (2021): Criminal Law Writings
Section
Doctrine