THE RIGHT TO DEFENSE AND EQUALITY OF ARMS IN CRIMINAL PROCEEDINGS

Abstract

This article presents a comprehensive scientific analysis of the right to defense and the
principle of equality of arms in criminal proceedings, with a focus on the national, European, and international frameworks. It emphasizes that the right to defense constitutes an essential constitutional guarantee, the foundation of a fair trial, and a prerequisite for the rule of law. The author undertakes a comparative study of how this right is enshrined and implemented in the legislation of Romania, Ukraine, the Russian Federation, Bulgaria, France, and Germany, highlighting differences in approaches and regulations.
Furthermore, the principle of equality of arms is examined as a derivative of the right to
defense, underscoring that it requires providing both parties to the proceedings with equal conditions for presenting and supporting their case. Current challenges are identified, such as state interference in the activity of defense counsel, abuses by authorities regarding the confidentiality of the lawyer-client relationship, as well as effective limitations on the defense in the context of restrictive regulations or distorted public perceptions.
The article proposes concrete measures, including strengthening procedural guarantees,
expanding the role of the defense in evidence administration, and reinforcing the independence of lawyers. The overall conclusion is that only through the effective respect of the right to defense and equality of arms can genuinely fair and efficient justice be achieved.