Prosecution Research Articles

Legal Uncertainty in Criminal Justice: A Study of the Practice of Changing Charges in Replicas Based on the Criminal Procedure Code

Dynamic legal demands often lead to changes in the criminal justice process, including changes in demands in replies. As the legal basis for criminal procedure in Indonesia, the Criminal Procedure Code gives the public prosecutor (JPU) the authority to change the indictment before the trial begins. Still, it does not explicitly regulate changes in demands in replies. This study aims to analyze demand changes in replies using a qualitative approach and literature study. The data used are in the form of laws and regulations, such as the Criminal Procedure Code, the Prosecutor's Office Law, and court decisions, as well as related legal literature. The study results indicate that changes in demands in replies are a practice that occurs in the dynamics of trials, although they do not have a strong legal basis. This has implications for legal certainty and the principle of legality in criminal procedure law. Changing demands require special attention from stakeholders to formulate more explicit rules to ensure justice and legal certainty for all parties involved in the criminal justice process.

Evropský zatýkací rozkaz

According to the Conclusions of the Tampere European Council of 15 and 16 October 1999, and in particular point 35 thereof, the formal extradition procedure should be abolished among the Member States in respect of persons who are fleeing from justice after having been finally sentenced and extradition procedures should be speeded up in respect of person suspected of having committed an offence. The European arrest warrant provided for in this Framework Decision is the first concrete measure in the field of criminal law implementing the principle of mutual recognition which the European Council referred to as the cornerstone of judicial cooperation. The European arrest warrant is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a custodial sentence or detention order. Member States shall execute any European arrest warrant on the basis of the principle of mutual recognition and in accordance with the provisions of this Framework Decision.

Projekt Evropského veřejného žalobce (Nová podoba mezinárodní justiční spolupráce v rámci členských států Evropské unie?)

The need to prosecute perpetrators of crime affecting the financial interests of the European Communities more effectively has Jed the Commission, Parliament to set up special experts’ teams for analysing possibilities of common rules for investigation, prosecution and trial in cases detrimental to financial interests of European Communities. Corpus Juris and Corpus Juris 2000 proposed establishing a European Public Prosecutor with responsibility in this field to remedy the fragmentary nature of the European criminal-law enforcement area. The follow-up document – Green Paper on criminal-law protection of the financial interests of the Community and the establishment of a European Prosecutor, which was adopted on 11 December 2001, had two objectives: to clarify ideas and throw up options and preferences regarding ways of implementing the original proposal, and to open the debate to all circles concerned on the eve of enlargement and in view of the forthcoming constitutional review of the Treaties. The European Constitution and Lisbon Treaty propose establishing the European Public Prosecutor from European Office for Judicial Co-operation (Eurojust) as a new level of international co-operation in judicial matters concerning of the protection of the financial interests of EC.

Některé aktuální problémy návrhu kodifikace trestního zákoníku v roce 2007

The Czech Republic, analogous to the other post-communist countries of the Central and Eastern Europe, face the challenge to create a new modem Criminal Code, which includes a need of discussion and legislative processing of questions and institutes, that despite a Jong-term criminal substantive law code preparation, continue to draw attention of the specialized legal society. This entry shows in a few general and other most important issues of the Criminal Code concept, such as problems of material and formal conception of a criminal offence, criminal responsibility of legal entities, exercise of the criminal prosecution of the offences in relation to business area, but also the general issue of euthanasia and related killing on request offence (mercy-killing offence), or a question of extremely dangerous recidivism etc. These issues are not only named in this entry, but there are also solutions as a base of a potential discussion. The code is based on the forma! conception of a criminal offence and it is refered in this connection to the possibility of using the subsidiary role of criminal prosecution principle and a principle “ultima ratio” arising therefrom, which means that a criminal prosecution is the ultimate instrument in the relation to another legal delict regulations (administrative, civil, business etc.). This is a basic principle also for solving problems of exercising criminal prosecution in the area of offences related to business. That is why the attitudes to some newly proposed offences in relation to business were revised. In terms of the legal entities criminal responsibility, which probably won't be authorized in context of the new Criminal Code concept, a solution in the area of administrative sentencing presents itself. The killing on request problem should be solved globally on the basis of broad public discussion in relation to detailed regulation in the Health Care Law, where should be primarily regulated the patients possibility to express an option not to be treated in case of falling into a status without a chance to express his will (problem of so-called living will). Responsible approach is also necessary in reference to the extremely dangerous recidivism inherently related to recidivism of criminal activity, which continues to be considered as a very serious and dangerous fenomenon.

Respektuje český zákonodárce princip subsidiarity trestní represe?

In this article the author expresses the conviction that it is necessary to continue to uphold the principle of subsidiarity of penal repression (other terms used are “the subsidiarity role of criminal law”, “the limitation of criminal law” or “the ultima ratio principle”), no matter how ambiguous the hitherto development of the Czech Republic’s criminal policy may have been. To assess the level of country’s criminal law repressiveness, we especially need to look at the scope of criminalization, i.e. the range of anti- social conduct against which the state applies criminal sanctions. Further elements to be considered are the severity of penal sanctions, the minimum age for criminal liability, the scope of circumstances excluding the illegality of an act, the conditions under which criminal liability of a person expires, the conditions under which criminal penalties are enforced, the rigor of procedural laws and above all the standard of fundamental human rights guarantees applicable during criminal proceedings. In the author’s view, the tendency towards more repression has prevailed in the draft of the new Czech Penal Code and is manifested mainly through the criminalization of acts that have so far not been considered criminal offences or have only very recently been introduced by amendment to the Penal Code (esp. by increasing the number of the “prematurely completed” offences and the abstract generally- endangering offences). Further, the draft includes longer prison terms and would introduce a lower age limit for criminal liability and more severe sanctions for particularly dangerous recidivists. The authors expresses serious doubts about this trend and points out its possible negative effects. In the final part the author speaks out for upholding the long-term objective of any modem criminal policy, which is to reintegrate offenders back into society instead of ostracizing them. The means to achieve this objective is the inclusion of offenders into the process of criminal prosecution and sentencing.

Implementation of the Role the Prosecution Regarding Confidentiality Assets of Corruption as an Efforts of Return Losses to the State (Kejaksaan Tinggi Dan Kejaksaan Negeri Parigi Moutong, Sulawesi Tengah)

Confiscating the assets of those convicted of corruption is a proactive measure to prevent the transfer or loss of assets that are ultimately determined by the court to be confiscated as compensation for financial losses incurred by the state due to corruption. In practice, asset confiscation frequently encounters challenges, including the transfer or concealment of assets by convicted individuals. As a result, courts often find that the remaining assets of corruption convicts are insufficient to recover the full extent of state losses. This research focuses on two critical issues: (1) the mechanisms employed by the Central Sulawesi High Prosecutor's Office and the Parigi Moutong District Prosecutor's Office in implementing the confiscation of assets from corruption convicts as an effort to recover state losses, and (2) the significant barriers faced by the Central Sulawesi High Prosecutor's Office in carrying out asset confiscations. Using an empirical research method, this study aims to identify successful mechanisms, such as strategies for tracking and securing assets preemptively, and to highlight key barriers, including legal loopholes, lack of inter-agency coordination, and resource constraints. The findings are expected to provide actionable insights into improving asset confiscation processes and overcoming obstacles to maximize the recovery of state losses. The results of this study will be published in a nationally accredited journal to contribute to the broader discourse on effective corruption prevention and recovery efforts.

Analisis Putusan MK No. 6/PUU-XXII/2024 tentang Uji Materi Undang-Undang Kejaksaan dalam Perspektif Teori Keadilan Wahbah Zuhaili

The Prosecutor's Office plays a vital role in law enforcement as a public prosecutor, contributing to the administration of justice. This study focuses on analyzing the Constitutional Court's Decision Number 6/PUU-XXII/2024 regarding the judicial review of Article 20 of the Prosecutor's Office Law through the lens of Islamic justice principles as proposed by Wahbah Zuhaili. Employing normative legal research methods with a statute and case approach, this study relies on library-based legal materials. The findings reveal two key points: First, the Constitutional Court partially upheld the Applicant's argument, basing its judgment on Article 1 paragraph (3), Article 24 paragraph (1), and Article 27 paragraph (1) of the 1945 Constitution, which address the qualifications for appointing the Attorney General, particularly concerning individuals affiliated with political parties. Second, from the perspective of Wahbah Zuhaili's concept of justice in Islam, the decision deviates from justice rooted in transcendental values derived from the Qur'an and Hadith, as it fails to promote social welfare and collective happiness

The Extension of the Criminal Prosecution

Criminal prosecution is the first, mandatory and essential, non-public, predominantly written and non-contradictory phase of the criminal proceedings, through which the criminal investigation bodies carry out pre-trial procedural activities. The extension of the criminal prosecution concerns the situation in which it is necessary to modify the procedural framework if, after gathering evidence, the criminal investigation bodies may discover that the person under investigation had committed several acts provided for by criminal law for which the in rem criminal prosecution was not initiated, or that the act under investigation had been committed by several persons who were not considered at the beginning of the investigation. The starting point of this paper is the presentation of the hypotheses, depending on the stage of the procedure in which the procedural framework is modified, as well as the issues that may arise in practice in situations where the prosecution authorities do not proceed with the extension of the criminal prosecution.

An Analysis the Legal and Ethical Implications of Forensic Evidence in Pakistan

This study aims to analyses the compliance of the legal measures in Pakistan and mainly the Qanun-e-Shahadat Ordinance 1984, the Criminal procedure code (CrPc) and the Prevention of Electronic Crimes Act (PECA) 2016. This is in relation to efficiency and drawbacks in the existing legal regarding the expansion admissibility, treatment, and storage of forensic evidence and challenges involved in ethical consideration of reliability of forensic technologies, experts and possibly malicious use. Employing the quantitative method of research consisting of surveys and semi-structured interviews, the study collects data from 30 legal professionals in Pakistan, including judges, lawyers and public prosecutors of Multan and Lahore divisions. The findings are therefore a comparative review with what is allowed in other countries and possible shortcomings in the current system besides giving directions for legal, ethical, and procedural changes wanted in the analysis of forensic evidence. In this regard, the research aims to contribute to improve credibility, fairness, and efficiency of the forensic practices in Pakistan. In conclusion, it is the hope of this research to add a positive anemographic value in the calls for reform and enhancement of forensic practices with the evidence to continue to be credible and properly dealt with in the legal process.

International humanitarian law, jus post bellum and transformative justice

Abstract International law began as a discipline concerned with the goal of peace, seen as the ideal state of relations between States, focusing on the potential for peaceful settlement of disputes, arms control and disarmament, and the prevention of war. International humanitarian law (IHL) emerged as the first significant development in international law addressing issues of peace and security. The subsequent development of international criminal law (ICL) following World War II has enabled the criminal prosecution of war crimes (serious violations of IHL) as well as crimes against the peace, crimes against humanity and genocide. This article argues that IHL, as it was developed to regulate the conduct of war (jus in bello) as a means of preventing unnecessary suffering, should be considered as separate yet integrally linked to the pursuit of international criminal justice as part of transitional justice in the context of jus post bellum, defined as “the set of norms applicable at the end of armed conflict … with a view to establishing a sustainable peace”. The article analyzes existing scholarship and emerging ideas about the relatively old yet underdeveloped concept of jus post bellum, and what this concept means in practice since the rapid increase in international interventions in peacebuilding and transitional justice in non-international armed conflicts. Applying the author's theory of transformative justice along with jus post bellum principles to the case study example of Cambodia, the paper discusses the complexities, uncertainties and apparent contradictions of establishing a “just peace” that builds on, yet goes beyond, the intersecting norms and practices of IHL and ICL. The article concludes by proposing the need for a radical reconceptualization of jus post bellum in order to support a more sustainable, transformative and emancipatory peacebuilding agenda.

Implementation of Criminal Fines Based on the Criminal Code and Applicable Laws and Regulations in the District Court of Timor

Objective: The objective of this study is to investigate fines as a criminal sanction, to examine fines as a cumulative option in the applicable laws and regulations, and also in the context of imposing criminal sanctions in the courtroom, but it was not executed or not implemented in court decisions. Theoretical Framework: In this topic, the main concepts and theories that underpin the research are presented. [List relevant theories, models or frameworks] stand out, providing a solid basis for understanding the context of the investigation. Method: This research uses empirical legal research methods and normative legal methods with a statutory approach and a conceptual approach which is analyzed descriptively and qualitatively. Results and Discussion: The research findings show that the tendency of convicts in all types of criminal offenses imposed by the court, both in the crime of corruption and in the crime of sexual intercourse with children, and so on, in general, always chooses to serve the subsidiary of imprisonment rather than paying a fine. The results showed that in 12 (twelve) types of criminal offenses consisting of 53 decisions of the District Court in Timor that were sampled in this study, it turned out that there was no one decision related to criminal sanctions of fines that were executed by the public prosecutor as the executor so that the implementation of criminal sanctions of fines based on the Criminal Code and applicable laws and regulations has not been effective and optimal and not in accordance with the objectives of the criminal sanctions of fines themselves. Three main factors that hinder the criminal sanction of fines cannot be implemented effectively and optimally: juridical factor, law enforcement factor, and disharmony factor of legislation. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of criminal study. These implications could encompass the implementation of fines as criminal sanctions in court decission. Originality/Value: Judges and prosecutors should be able to make rational efforts or legal breakthroughs to determine the balance between the amount of fine sanction and the length of imprisonment as a subsidiary sanction.

THE APPLICATION OF RESTORATIVE JUSTICE IN HANDLING CORRUPTION OFFENDERS AS AN EFFORT TO RECOVER STATE LOSSES

Research conducted by the author found that there were conflicts in law. This conflict in law occurred between Jampidsus Circular Letter Number: B1113/F/FD.1/05/2010 concerning Priorities and Achievements in Handling Corruption Crime Case under Article 4 of Law Number 31 1999 concerning the Eradication of Corruption Crimes. Related with the return of state losses in the Jampidsus Circular Letter Number: B- 1113/F/FD.1/05/2010 concerning Priorities and Achievements in Handling of Corruption Crime Cases states that if it has recover state financial losses, especially related to case Corruption crimes with relatively small losses need to be considered not to be followed up, except those which are still going on, meanwhile in Article 4 of Law Number 31 of 1999 concerning The Eradication of Corruption Crimes states that returns. State losses do not eliminate the punishment of the perpetrator. The Restorative Justice approach is if the Prosecutor's Office feel that there is a loss to the state's finances caused by the action criminal corruption and have small or no financial losses in the big fish category, the Prosecutor's Office can ask to investigate and issued a statement stating that the investigation into criminal acts of corruption This was stopped because the alleged perpetrator had returned the loss state and be proactive in the process of recovering financial losses that country. This is what is called the role of the Prosecutor's Office in implementing it restorative justice approach in resolving criminal cases corruption. The aim of this research is to analyze the implementation of implementation the principle of Restorative Justice in the context of Restitution State Financial Losses in handling criminal acts of corruption based on Jampidsus Circular Letter Number: B1113/F/FD.1/05/2010 concerning Priorities and Achievements in Handling Corruption Crime Cases

A Mediação Comunitária como Instrumento de Polícia de Proximidade no Brasil: Uma Análise da Implantação na Polícia Militare Perspectivas Futuras

This article investigates the implementation of community mediation as a tool for proximity policing in the Brazilian Military Police, analyzing its challenges, potentialities, and future perspectives. The relevance of this theme lies in the search for alternatives to the traditional model of public security, often criticized for its emphasis on repression and the use of force, to the detriment of prevention and dialogue with the community. The research, exploratory in nature and based on a bibliographic review, examines the legal and institutional framework of community mediation in Brazil, the structuring of Community Mediation Centers (NUMECs) in the Military Police, the types of conflicts mediated, and the challenges and potentialities of the tool. The results indicate that, although in the consolidation phase and still facing challenges such as cultural resistance within the corporation and the need for greater investment, community mediation shows promising results in reducing crime, improving the institutional image of the Military Police, and building a culture of peace. The article argues that community mediation, implemented strategically and in partnership with the Public Prosecutor’s Office, the Judiciary, and other social institutions, can strengthen proximity policing, making it more citizen-oriented, dialogical, and closer to the community, in addition to contributing to social justice and cohesion.

Analisis Yuridis Terhadap Tindak Pidana Penggunaan Ijazah Palsu: Studi Putusan Nomor 1583/Pid.Sus/2021/PT. MDN

A diploma is a letter of completion of study given to students who have successfully completed and taken a certain level of education. The levels of education are Elementary School (SD), Middle School (SMP), High School (SMA), and College. This diploma is used for various needs, one of which is to find work. However, along with the development of technology, many frauds have arisen such as forgery and the use of fake diplomas. Using a fake diploma is clearly a criminal offense because it is regulated in law. There are many types of misuse of fake diplomas in Indonesia that have been revealed and those that have not yet been revealed. This research aims to find out how the case sat and the basis for the judge's considerations in decision Number 1583/Pid.Sus/2021/PT. MDN. This research uses a type of normative juridical research using secondary data sources. Data collection techniques in research use library research. In normative juridical research, library research is used to collect legal materials or secondary data. The results of the research show that the judge in handing down a criminal decision against the defendant Suhardi, whose decision strengthened the Sei Rempah District Court Decision No. 328/Pid.Sus/2021/PN Srh because it has fulfilled the elements in article 69 of Law no. 20 of 2003 concerning the National Education System. The considerations in handing down this decision are correct, which can be seen from the public prosecutor's demands, the indictment, the public prosecutor's demands, the evidence at trial based on evidence, and the appeal file.

Optimizing the Management of Seized Goods: The Strategic Role of the Prosecutor's Office in Asset Recovery from Corruption Crimes

Optimizing the Management of Seized Goods: The Strategic Role of the Prosecutor's Office in Asset Recovery from Corruption Crimes

의료사고처리특례법안의 형법적 타당성 검토

According to the Special Act on Handling Medical Accident presented through a government hearing on February 29, 2024, if a medical professional has subscribed to liability insurance, a public prosecution cannot be filed against the patient's will even if the patient is injured or seriously injured due to medical malpractice. In addition, if a medical professional has subscribed to comprehensive insurance, a public prosecution cannot be filed if the injury occurs due to medical malpractice, a public prosecution cannot be filed even if a serious injury occurs in the case of essential medical treatment, and a sentence can be reduced or exempted even if the patient dies during an essential medical treatment. This article aims to discuss the criminal validity of the main issues of this bill. The position of this article on this matter can be summarized as follows. First, if we want to focus on essential medical treatment as the legislative intent of this bill, we need to discuss the definition of the concepts of medical treatment and essential medical treatment more broadly. If the concept and scope of essential medical care are not clear or there is no agreement among other members of society, especially medical professionals, it is highly likely that not only will it violate the principle of clarity in criminal law, but compliance with the norms will also not occur. Second, it seems reasonable to distinguish between simple negligence, gross negligence, and professional negligence, and not apply special criminal punishment in cases of gross negligence by medical professionals. At this time, it seems that further discussion is needed on the criteria for distinguishing between gross negligence and simple negligence. Third, it seems unreasonable at present to apply special criminal punishment to the results of serious injury and death. There is room to argue that special punishment should be applied to the results of serious injury on the premise of the victim's expression of intent not to punish, but work should be done to adjust the relationship with other acts such as the Medical Dispute Mediation Act in advance.

Implementation of Legal Protection for Children as Victims of Domestic Violence in Lau Gumba Village

This research aims to determine the implementation of legal protection for children as victims of domestic violence in Lau Gumba Village and to determine the obstacles faced in providing protection for children as victims of domestic violence. This research was conducted at the Berastagi District Police and the Berastagi District Prosecutor's Office using technical observation or direct observation and interviews, namely by communicating directly through interviews with several Berastagi District Police legal officers and other informants as well as distributing questionnaires to prosecutors at the Berastagi District Prosecutor's Office. In relation to the legal protection of children which has been stipulated in Law Number 23 of 2002 jo Unbdang - Law Number 35 of 2014 and Law Number 13 of 2006 concerning the protection of witnesses and victims which is the basis of the 1945 Constitution of the Republic of Indonesia as a rule that guarantees legal protection towards children who are victims of domestic violence. The author will provide an overview of the forms of legal protection for children who are victims of domestic violence in Lu Gumba Village which are not optimal from the perspective of Law Number 23 of 2002. The obstacles faced in providing legal protection for children as victims of violence in the household, namely: traditional constraints, psychological constraints of children and the constraints of ignorance of the children themselves and society. As well as several obstacles faced by law enforcement officers

Strategi Kepolisian Polda Bengkulu dalam Pencegahan Mafia Tanah Perspektif Fiqih Siyasah

The purpose of this study was to determine the strategy of the Police in the Directorate of General Criminal Investigation of the Bengkulu Regional Police in preventing and prosecuting land mafia figures in Bengkulu City and how the perspective of Fiqh Siyasah on the strategy of the Police in the Directorate of General Criminal Investigation of the Bengkulu Regional Police in preventing and prosecuting land mafia figures in Bengkulu City. The type of field research, namely the object of research directly at the Directorate of General Criminal Investigation of the Bengkulu Regional Police using a qualitative approach. The research methods used were observation, interviews and documentation. The results of the study showed that the Strategy implemented by the Bengkulu Regional Police, Directorate of General Criminal Investigation in preventing and prosecuting land mafia figures has succeeded in reducing and narrowing the room for movement for land mafia figures and also the police's efforts to increase public insight have helped the public avoid the enticements and modes used by land mafia figures. Then by forming a Land Mafia Task Force consisting of the National Land Agency (BPN), the High Prosecutor's Office and the Police, it has succeeded in creating good collaboration between agencies so that there is a reduction in land mafia cases in the city of Bengkulu. Meanwhile, according to Islamic jurisprudence, land mafia or land fraud is strictly prohibited, individuals who commit fraud are classified as people who are unjust, the police strategy that has been carried out is in accordance with the principles of the court (al-qadha) and peace (ishlah). Thus, the settlement of disputes carried out by the Bengkulu Regional Police is in accordance with Islamic Law.

3·1운동 당시 공주감옥 투옥 여성 독립운동가의 활동과 성격

The Chungcheongnam-do Province is known as the 'Region d Loyalty' that persistently fought for independence and resisted the Japanese colonial system. The March 1st Movement also took place throughout the region, and among them, the March 1st Movement in Cheonan Aunae(Byeongcheon) Market was a demonstration for national independence led by female student Yu Gwan-sun. In addition, the March 1st Movemm in Yangdae-ri, Jiksan, Cheonan, the March 1st Movement in Baekam-ri, Asan, and the March 1st Movement in Gongju were all led by women. As a student at Ewha High School, Yu Gwan-sun participated in the March 1st Movement that took place on March 5, and when the school closed, she came down to her hometown, Byeongcheon. Yu Gwan-sun traveled to nearby areas to discuss plans for a demonstration for national inde_pondence, and on April 1, 1919, while leading the Byeongcheon March 1st Movement, both of her patents died after being attacked by Japanese police at the protest site. And Yu Gwan-sun was arrested. Yu Gwan-sun was transported to the Gongju Distria Court Prosecutor's Office, interrogated, and imprisoned in Gongju Prison while she was a pretrial detainee. At that time, 10 women, including Yu Gwan-sun, were imprisoned in Gongju Prison. They include Yu Gwan-sun and Shin Seong-nyeo of the Byeongcheon March 1st Movement, Kim Hyeon-gyeong, Park Hwa-sook, and Lee Hwal-ran of the Gongju March 1st Movement, Kim Bok-hee and Han Yeon-sun cf the Asan Baekam-ri March 1st Movement, and Min Ok-geum, Han I-sun, and Hwang Gewn-sun of the Cheonan Yangdae-ri March 1st Movement. The 10 women who led the March 1st Movement in Oiungcheongnam-do Province, excluding Shin Seong-nyeo from Byeongcheon, were 9 new women. Two of them, Han Yeon-sun and Kim Hyeon-gyeong, were teachers, and the remaining 7 female students had something in common in that they received new education from Sa Aeri-si(Alice Hammond Sharp) Methodist missionaries in Gongju. The women who participated in the March 1st Movement had a strong sense of equality with men and the public consciousness that they could sacrifice for the national cause, so they prioritized the value of national independence over the safety of themselves and their families and stood up for injustice. He showed courage by resisting with his whole body.

English Challenges for Romanian prosecutors in exercising their duties of defense during pre-trial stage

Current paper aims to emphasise that, over the time, it has been proven that the accuracy of an analysis of criminal procedural law is accomplished only whether it is certified by the conviction that norms and decisions of national and European courts enshrine and guarantee human rights. Thus, the legislation in criminal procedural matters can be rationalized compulsorily starting from European premises – “the unit of European conventionality” – and going further to constitutional, organic and ordinary normative requirements. In the same time, from a methodological point of view, for reaching the human rights goals in criminal procedures, it is crucial to be adopted an approach which includes the requirement for the provisions of the Criminal Procedure Code to be interpreted in the light of the general principles of the criminal trial – many of these principles being principles of human rights, in fact. Equally, indispensable appears the feature of the principle of subsidiarity of European protection of human rights which underlines the role of the main guarantees of the European Convention on Human Rights for national judicial authorities. Whether a hierarchy of the rights relevant for criminal procedures is established, the right to defense should be one of the most important rights to discuss. This traditional approach underlines the horizontal effects of the right to defense, like the need to have regulated the defense of the suspect or the accused by Code of Criminal Procedure. Alike, the vertical effects of the right to defense complete the challenges for national judicial authorities. In this context, it has to be accentuated the role of the prosecutor within the criminal investigation and prosecution phase, respectively the prosecutor must defend the legal order and fundamental rights. Beyond legal techniques, an exquisite study of the right of the defense must contain interdisciplinary references which value the current requirements for emancipation in criminal procedural matters focused on the legal education of civil society and the change of mentality of judicial authorities.