Principle of contradictoriality in the criminal prosecution stage

DEZBATERI

Abstract

The compliance with the principle of contradictoriality in criminal proceedings shall be a guarantee of the compliance with the right to defense and implicitly of the right to a fair trial The principle of contradictoriality and equality of arms in the criminal proceedings is a basic principle of serving justice and represents a procedural and criminal rule both of a general and decisive nature in its correlation with other procedural and criminal rules. Being characterized as means for finding the truth in the criminal proceedings, the principle of contradictoriality consists in the fact that all evidence produced in the criminal case are subject to the parties’ debates. At the trial stage, upon hearing the defendant, the injured party, the party bringing a civil action in the criminal proceedings, the civilly liable party, the lawyer may immediately address questions according to art. 378-381 of the Code of criminal procedure. 

Keywords: fair trial; right to defense; contradictoriality