CONTRADICTORIALITATEA FAZEI DE JUDECATĂ – GARANȚIE A PARTICIPĂRII ACTIVE A APĂRĂTORULUI

Abstract

The object of the study is the analysis of the institution of defence and the role of the defender in the trial phase of the criminal case, a procedural activity con- sidered through the principle of contradictory nature, the mechanism of applicability being established both by the national legislation and by virtue of the decisions of the European Court of Human Rights. In this context, through the exposed research, we will try to identify the tasks and the role of the defender in the procedural activity of supporting the defence position at the trial phase, combating the evidence in the prosecution, including the possibility of administering evidence in defence.