The right to a trial within a reasonable time: a general guarantee of the right to a penal equity trial

AuthorGeorgeta Valeria Sabau
PositionUniversity, Arad - Romania
Pages201-205
AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 4 (2013), pp. 201-205
201
THE RIGHT TO A TRIAL WITHIN A REASONABLE TIME: A
GENERAL GUARANTEE OF THE RIGHT TO A PENAL EQUITY
TRIAL
G. V. Sabu
Georgeta Valeria Sabu
Faculty of Law, " Vasile Goldi" Western University, Arad, Romania
* Correspondesnce: Georgeta Valeria Sabu, "Vasile Goldi" Western Universit y, 94
Revoluiei Bdl., Arad, Romania
E-mail: georgetasabau@yahoo.com
Abstract
The present article examines the judicial protection of the persons confronted with
the non-application of a coherent legislation at a European level, during a penal trial,
which can present the risk of generating different standards of protection of the right to a
fair trial of the defendant (for the exceeding or hasting excessively the judicial procedure,
according to the individual option of every European state.
Keywords: reasonable time, presumption of innocence, right to a fair trial
General considerations regarding the right to a fair trial
1
Respecting the fundamental human rights and freedoms is not only understood as a
condition of legality, but also as an expression of the democratic character of the society as
a whole.
Implying minimum standards of protection and not being treated exhaustively, most
of the rights provided by the European Convention for the protection of fundamental
human rights and freedoms
2
are limited in what concerns the conditions of protection of
national security, public safety, economic interest or crime prevention although most of
them are of civil or political nature.
Instituted by article 6
3
of the European Convention, the right to a fair trial insures
the parties of the trial the guarantee that their rights and freedoms will be respected in
court
4
. Practically, this right offers the parties several guarantees to keeping the
1
In Romanian Law, the right to a fair trial is established by article 21 in the Constitution (free access to justice)
both in penal and ci vil matters and by article 10 of Law 304 of 2004 concerning the ju dicial organization (the
last amendment happening by Government Decision no. 666 of the 4th of July 2012, published in the Romanian
Official Monitor, Part I, no. 481 of the 13th of July 2012), accord ing to which All persons are entitled to a fair
trial and the solution of the accounts within reasonable time... In penal matters, the provisions of article 6,
paragraph 2, Penal Procedure Code, meaning regardless of the pro cedural phase of the cause, both criminal
prosecution bodies and courts have the obligatio n to insure the suspects and the people involved in the account,
the specific procedural guarantees, which result from a fair trial.
2
T he Convention for the protection of fundamental human rights and freedoms, also known as the Europ ean
Convention of Human Rights, signed on the 4th of November 1950 in Rome, enacted on the 3rd o f September
1953 and ratified by Romania thro ugh Law no.30/1994, regarding the ratification of the Convention for the
protection of fundamental human rights and freedoms and the additional protocols of this convention, published
in the Romanian Official Monitor, part I, no. 135 of the 31st of Marc h 1994.
3
According to article 6, paragraph 1 any person has the right to a fair and public trial within a reasonable time,
by an independent and impartial court, instituted by law, which will determine either on the infringement of t heir
rights and obligations with a c ivil character, or on the sturdi ness of any accusation in penal matters against them.
We find a similar provision in article 47, paragraph 2 of the European Union Charta of Fundamental Rights
(2007/C 303 /01), in the sense that any person has the right to a fair and public trial within reasonable time in
front of an independent and impartial court, having already been constituted by law.
4
This right is also consecrated by the Euro pean Commission Green Card, entitled The Procedural Guarantees
given to suspects and people involved in the account i n penal procedures in the European Union
(COM/2003/0075, finally accessible at http://eur-lex.europa.eu) offering these people the right to the judicial

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