OBLIGAŢIILE POZITIVE ALE ACUZĂRII ÎN ASIGURAREA DREPTULUI LA UN PROCES ECHITABIL

Abstract

This paper analyzes the content of the positive obligations of the prosecution in ensuring the right to a fair trial (criminal limb) guaranteed by Article 6 of the European Convention on Human Rights. Such a delimitation is necessary to show that the role of the criminal investigation body and, in particular, of the prosecuting authority should not be seen only in the sense of representing the public prosecution, but should be closely linked to the principle of respect for fundamental human rights and freedoms. So, both the positive obligations of the prosecution and their content, as well as the mechanisms for their implementation,provided in the legislation of the Republic of Moldova and the practical activity of the prosecution authorities were analyzed.