Waiver of the right to legal assistance and mandatory defense: international legal standards

Abstract

The right to legal aid is one of the elements of free access to justice. At the same time, modern legal theory recognizes the right of the person to self-defense, which is reflected in the principles of adversariality and disposition, enshrined in the criminal procedural legislation of the Republic of Moldova. This article examines and summarizes the theoretical aspects of the waiver of the right to legal aid in relation to international human rights standards. It is concluded that it is necessary to study the normative regulation and the practice of applying the law on the denial of the right to defense in the national criminal process.