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Theoretical and practical problems regarding the achievement of fundamental human right to defense and legal assistance

Author: Mihoci Vasile
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Scientific adviser: Gheorghe Avornic
doctor habilitat, professor, Moldova State University
Scientific council:


The thesis was presented on the 1 February, 2008
Approved by NCAA on the 17 April, 2008


Adobe PDF document0.33 Mb / in romanian


CZU 342.7(043.2)

Adobe PDF document 0.91 Mb / in romanian
146 pages


right to defense and legal assistance, law, fundamental right, freedom, obligation, liability, civil society, legal education, legal culture, legal conscience, constitution, politic system, human rights, citizen rights, principles of state of law, legislation, legal system, the presumption of innocence, law gap, legal practice, justice, procedure phases, right to challenge the court, constitutional legislation, criminal process, jurisprudence, subject of law, establishing of truth principle, principle of respect for human dignity, private and family life, equality of the persons, parties in the process, guarantee of the person freedom, lawyer status, lawyer ex oficio, European legal framework, achievement of right to defense, establishment of culpability, legal assistance, jurisprudence of European Court, lege ferenda, principle of objectivity, principle of determination, humanism principle, historical principle, freedom of expression and conscience.


This scientific paper illustrates the most important theoretical and practical problems regarding the achievement of fundamental human right to defense and legal assistance. It is considered to be a complex study of the right to defense and legal assistance because it makes a large analysis of national and international legislation and legal practice, as well as research of concrete recommenditations regarding the improvement of legal provisions and activity of public institutions regarding the achievement of human right to defense and legal assistance. This theme is an important scientific direction, which examination needs a deep and large research.

The right to defense and legal assistance is examined under different aspects and has a complex content. That is why it is not sufficient only to provide the right to defense and legal assistance in the Constitution, organic or ordinary laws, but it is necessary to promote a new legal education of the people, a new way of learning the basic elements of legal culture, changing of the population mentality, inclusive of lawyers, and of those who come in front of the courts of law. In the same time, the transition is necessary also for the changing of mentality and attitude of the justice to the right to defense, attitude of judges or prosecutors, and especially of auxiliary staff, court clerk, legal executor etc.

This scientific research makes a comparative study of right to defense and legal assistance in different states and law systems, especially in Republic of Moldova and Romania. The results of the research will be favorable for the permanent development of constitutional law, criminal procedural law, because it is a complex interdisciplinary study; these results will contribute to the amplification of the theoretical knowledge regarding the role and the place of right to defense and legal assistance in the system of fundamental human rights. This right should be improved, because it is notorious the fact that the present situation of right to defense and legal assistance can be characterized by necessity to harmonize some provisions of legal framework with the international principles and to adopt an efficient mechanism of its achievement. According to our opinion this completed by series of important conclusions and proposals concerning legislative framework and theoretical-practical problems, which will stimulate the follow researches in this domain.