MIRANDA RULE. IMPACT ON THE ROMANIAN CRIMINAL TRIAL
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Authors:
• Mircea DAMASCHIN , email: mircea.damaschin.lesij@ univnt.ro, Afiliation: Lecturer Ph.D., Law Faculty, “Nicolae Titulescu” University, Bucharest
• Corina DUMITRU , email: dumitru.i.corina@gmail.com, Afiliation: Student, Law Faculty, “Nicolae Titulescu” University, Bucharest -
Keywords: criminal trial in Romania, Miranda rule, the defendant's right against self incrimination, right to a defense, evidence in criminal matter, procesul penal în România, regula Miranda, dreptul inculpatului de a nu se autoincrimina, dreptul la apărare, pr
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Abstract:
We hereby want to analyze the right of the accused or of the defendant against self incrimination in a criminal trial, a relatively recent right introduced in the Romanian law, directly connected with the right to self defense in a criminal trial. Furthermore, we will approach the obligations held by the Romanian legislator, within the prerogatives of the criminal legal authorities for guaranteeing this right and meanings that can be retained in case of breach of such procedure. In order to establish the origin of the regulation, the first section of the study will describe the history of the institution, starting from the Supreme Court jurisprudence from the state if Arizona in the already famous trial Arizona vs. Miranda. We will further present the legal framework instituted for implementing this right in the European legal space, section in which we will also approach the position of the European Court of Human Rights with respect to the issue subjected to the analysis. In the third section, we will present the legal framework instituted in Romania, while attempting to mainly highlight the legal relevance of this basic procedural right, as well as the possibility of retaining the existence of an inter conditioning with the principle of the right to a fair trial, according to the European Convention on Human Rights and Fundamental Freedoms.