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The Impossibility of the Lawyer–Defendant to Provide Legal Assistance to Other Defendants in the Same Cause

The Impossibility of the Lawyer–Defendant to Provide Legal Assistance to Other Defendants in the Same Cause

Authors :
Elena Tudurachi
Source :
Procedia - Social and Behavioral Sciences. 92:953-959
Publication Year :
2013
Publisher :
Elsevier BV, 2013.

Abstract

The paper aims to analyze a circumstance which emerged in practice, according to which a lawyer – when he/she is a defendant in a criminal case – is forbidden to provide legal assistance to other co-defendants in the same case. This is the conclusion after corroborating the texts of criminal law, though there is no express interdiction stipulated in this matter. According to the provisions of article 6 in the Code of criminal procedure, the right to defence is guaranteed to the defendant, to the accused, and to all the other parties involved during the entire trial.

Details

ISSN :
18770428
Volume :
92
Database :
OpenAIRE
Journal :
Procedia - Social and Behavioral Sciences
Accession number :
edsair.doi.dedup.....51ab34aeac9cbf5eafb2e7110d998894
Full Text :
https://doi.org/10.1016/j.sbspro.2013.08.783