Acuzatul, avocatul şi judecătorul, participanţi necesari la procedura audierii martorilor. Sinteză a jurisprudenţei Curţii Europene a Drepturilor Omului

drd. IULIAN BĂLAN*

* Doctorand al Universităţii "Lucian Blaga" din Sibiu; e-mail: iulian_drd@yahoo.com

Judecător - Curtea de Apel Târgu Mureş

ABSTRACT

The object of the paper are the standards which, according to the European Court of Human Rights, must be met by the procedure of hearing witnesses so that the defendant be given an adequate and proper opportunity to question them and the requirements of the fair trial be satisfied. Those standards include a relative right of the accused to confront the prosecution witnesses, the right to legal assistance and the principle of immediacy of witness examination. The latter principle has certain implications regarding the requirement that witnesses should give evidence at trial and that the hearing of witnesses should be repeated in the appeal proceedings and in other situations in which new...