DOI: 10.47743/jss-2022-68-4-18

Abstract: Throughout the criminal proceedings the accused has the right to be assisted by a lawyer chosen or appointed ex officio. Any person detained, arrested or charged with a criminal offense shall be entitled to the services of the defense lawyer from the time of the arrest, detention or indictment. The fundamental guarantee of the right to defense is interpreted as a requirement of the defense lawyer's active procedural behavior aimed at providing qualified legal assistance, including through active and effective participation in evidentiary process. In this respect, the actions of the defense lawyer are determined by the need to discover the circumstances that allow acquitting the client or reducing the degree of his guilt. Thus, the defense lawyer has the means and modalities provided for in Art. 68 of the Criminal Procedure Code of the Republic of Moldova, which he carries out during the criminal investigation and the trial of the case. The defense lawyer's success is accompanied by the mastery of use of the rules and tactical procedures that will implement the rights offered by law during the defense lawyer's participation in the conduct of evidentiary proceedings by which evidence is administered during criminal prosecution and in judicial investigation.

Keywords: criminal trial, right to defense, defense lawyer, evidentiary proceedings, tactical procedures, defense tactics, forensics, evidence, criminal case, criminal prosecution, accused, judicial investigation, defendant, acquittal, conviction

References

Dolea I. et al., Drept procesual penal, Editura Cartier Juridic, Chişinău, 2005

Mateuţ Gh., Apărătorul, subiect al procesului penal în lumina ultimilor modificări legislative, în Dreptul ‑ Seria III‑a, Nr. 5/1996, p. 78

Vizdoagă T., Apărarea în cauze penale, CEP USM, Chişinău, 2020

Volonciu N., Tratat de procedură penală, vol. I, Editura Paideia, Bucureşti, 1999

Баев М.О., Тактико‑криминалистические особенности участия адвоката‑защитника в доказывании по уголовным делам. В: Судебная власть и уголовный процесс, №2/2018