The defendant and his rights

Eximia Pub Date : 2023-09-30 DOI:10.47577/eximia.v12i1.356
Bianca Nicoleta Albu
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Abstract

Antisocial acts are the natural product resulting from the relationship between individuals, existing and having the possibility that they are framed as inhuman, unethical, which do not depend on any kind of legal settlement. However, they cannot be considered as criminal offences only when the law considers them to be prohibited, punishing them with penalties. Citizens enjoy the rights and freedoms enshrined in the Constitution or other laws, as well as the obligations provided for therein, guaranteeing equality before the law, public authorities, without discrimination. Citizens must exercise their rights and freedoms in good faith so as not to violate the rights and freedoms of others. The conduct of criminal proceedings confers on the offender different qualities but each with different legal meanings, and depending on these procedural qualities, the active subject of the crime will have certain rights and obligations, which he will bear in the procedural activity. According to the current legislation, the criminal investigation body, in order to find out the truth, is obliged, even if the defendant admits the act, to collect evidence in his favor and against him. The defendant is considered by the entire legal literature to be the only main part of the criminal process, which cannot be disputed. At the same time, the central subject of the completion of the procedural activity, through sincere statements, the defendant contributes to the just settlement of the case, the judicial bodies having the possibility to establish the hypostasis in which the deed was committed.
被告及其权利
反社会行为是个人之间关系的自然产物,存在并有可能被框定为不人道、不道德的行为,不依赖于任何形式的法律解决。但是,只有在法律认为应予禁止并予以处罚的情况下,这些行为才不能被视为刑事犯罪。公民享有宪法和其他法律规定的权利和自由,以及宪法和其他法律规定的义务,保证在法律、公共机关面前人人平等,不受歧视。公民必须真诚地行使自己的权利和自由,以免侵犯他人的权利和自由。刑事诉讼行为赋予了行为人不同的性质,但每一种性质都具有不同的法律意义,根据这些程序性质,犯罪活动主体在诉讼活动中具有一定的权利和义务。根据现行法律,刑事侦查机关为了查明事实真相,即使被告人承认犯罪行为,也有义务收集对其有利或不利的证据。整个法律文献都认为被告是刑事诉讼过程中唯一的主体,这是不容置疑的。同时,中心主体的程序性活动的完成,通过被告的真诚陈述,有助于案件的公正解决,使司法机关有可能确立其行为所处的本质。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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