Changes to the criminal procedure code: mandatory legal assistance in criminal proceedings

Abstract

The protection of fundamental human rights and freedoms is an essential function of the state. To protect these rights, the state has created a complex system of surveillance and control measures, legal defense, and procedural protection. One of the fundamental human rights is the right to a fair trial, which includes the right to legal assistance. In the criminal justice system of the Republic of Moldova, the participation of a lawyer is optional, but there are circumstances in which legal assistance becomes mandatory to ensure efficient participation in the process. Compulsory defense is considered necessary in cases where the suspect, accused, or defendant, due to objective circumstances, cannot participate efficiently in the process and defend their own legal rights and interests. The legislation of the Republic of Moldova provides for compulsory legal assistance in criminal proceedings, and the criteria for its provision are in line with international standards. Investigative bodies and courts are obliged to take measures to ensure the participation of a lawyer in the case exclusively in cases provided by law. In other cases, defense is not mandatory and is provided by the suspect, accused, or defendant, independently or through the system of stateguaranteed legal assistance.