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CONSTITUTION OF ROMANIA

(excerpts)

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Free Access to the Courts

Article 21

(1) Every person is entitled to bring cases before the courts for the defence of his legitimate rights, freedoms and interests.

(2) The exercise of this right shall not be restricted by any law.

(3) All parties shall be entitled to a fair trial and settlement of their cases within a reasonable time.

(4) Administrative special jurisdictions are optional and free of charge.

 

Individual Liberty

Article 23

(1) Individual liberty and security of person are inviolable.

(2) Search, taking into custody or arrest of a person shall be permitted only in the cases and under the procedure provided by law.

(3) Keeping in custody shall not exceed twenty-four hours.

(4) Detention pending trial shall be ordered by a judge and only in the course of criminal proceedings.

(5) Once criminal proceedings have been taken, detention pending trial may only be ordered for thirty days at the most and extended for thirty days at the most each, without the overall length exceeding a reasonable time, and no longer than 180 days.

(6) In the course of judicial proceedings, the court is bound, according to the law, to review, on a regular basis and no later than sixty days, the lawfulness and grounds of the detention on remand, and to order at once the defendant's release if the grounds for his detention pending trial have ceased to exist or if the court finds there are not any new grounds justifying that such deprivation of liberty be continued.

(7) Court orders as to detention pending trial shall be subjected to appeal proceedings as are provided by the law.

(8) Any person taken into custody or arrest shall be promptly informed, in a language he understands, of the reasons for his detention or arrest, and notified of the charges against him, as soon as practicable; the notification of the charges shall be made only in the presence of a lawyer of his own choosing or appointed ex officio.

(9) Release of a person taken into custody or arrest shall be mandatory if the reasons for such measures have ceased to exist, as well as in other instances provided by the law.

(10) A person detained pending trial shall have the right to apply for provisional release, under judicial supervision or on bail.

(11) Any person shall be presumed innocent until convicted by a final decision of the court.

(12) No punishment may be established or applied if not in accordance with and on the grounds of the law.

(13) A penalty of deprivation of liberty shall only be based on criminal proceedings.

 

Right to Defence

Article 24

(1) The right to defence is guaranteed.

(2) All throughout the proceedings, the parties shall have the right to be assisted by a lawyer of their own choosing or appointed ex officio.

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