EXCLUSIVE:Romania Court Rules Unconstitutional Law Limiting Right To Defense

Romania’s Constitutional Court on Tuesday ruled as unconstitutional the provisions of Law 356/2006 limiting the right of attorneys to participate in criminal investigations conducted by prosecutors.

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The decision renders void all procedures conducted under Law 356/2006 for failure to observe the right to defense, as prosecutors were allowed to launch criminal investigations in the absence of designated defense lawyers. The files will be sent back to square one.

Romanian lawyers Alexandru Chiciu and Ioan Panaitescu actively disputed the constitutionality of the mentioned provisions of Law 356/2006.

The two lawyers, who defend former prosecutor Ioan Ciofu in a corruption trial, repeatedly sought to have the provisions declared unconstitutional, as the act reduces the right to defense to mere legal assistance.

Following their objection, Ciofu’s trial was suspended.

Romanian prosecutors accused Ciofu of taking bribery from Maricica Iovita to fabricate accusations against businessman Adrian Porumboiu. Both Ciuca and Iovita were sent to court for trial.

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