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Mirela Mihaela ELISEI (căs. APOSTOL): The confidentiality of lawyer-client relation in criminal cases

Abstract: Part of the right to respect to private and family life (article 8 of the European Convention of Human Rights) the professional secrecy of lawyers protects the relation of trust between a lawyer and its client and guarantees the right to a fair trial (article 6 of the European Convention of Human Rights). In criminal cases the national authorities may interfere with the professional secrecy of lawyers in order to gather evidence. These interferences must be in accordance with the law and necessary in a democratic society and the ECHR case-law has a main role in establishing the meaning of these conditions.

Keywords: lawyer; client; confidentiality; criminal case; home search warrant, electronic surveillance


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