GUARANTEES SPECIFIC TO A FAIR TRIAL IN CRIMINAL MATTERS. HARMONISATION OF JURISPRUDENCE
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Authors:
• Mircea DAMASCHIN, email: damaschin.mircea@gmail.com, Afiliation: Faculty of Law, “Nicolae Titulescu” University, Bucharest -
Keywords: criminal trial in Romania, right to a fair trial, the European Court of Human Rights, right to be informed of the nature of the accusation, right to defence
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Abstract:
By adopting the European Convention on Human Rights (hereinafter referred to as “the Convention”) in 1994, the Romanian State recognised the necessity that any criminal trial should be carried out under fair conditions, in accordance with the requirements of Article 6 of the Convention. In this study, we are going to analyse the requirements of the Convention applying especially to criminal trials, namely those related to the right of the charged person to be informed promptly, in a language which he understands, of the nature and cause of the accusation against him. Moreover, we will take into consideration the obligation of the judicial bodies to offer the charged person the adequate time and facilities for the preparation of his defence. The analysis will be based on the relevant regulations set down in the Convention and the Romanian criminal procedure legislation. Last but not least, it will include a presentation of the jurisprudence relevant to these matters, both of the European Court of Human Rights (hereinafter referred to as “ECHR”) and of the Romanian national courts