You always have the right to self-paid legal aid and to legal aid provided and paid for by the State. You also have the right to meetings and confidential communication with your attorney at law.
Right to legal aid
When you are detained on remand, you are a criminally charged or an accused person in the criminal proceedings. Your trial may even have begun. The fact that you are detained does not mean that you have no right to prepare your defence case. Your right to prepare your case is explained in the Criminal Procedure Code.
It is important to have a lawyer who can help you to challenge your detention and to prepare your criminal case. Therefore, you have the right to have a lawyer. In Moldova, only attorneys at law (eventually assisted by their apprentices) can defend you in criminal proceedings. Read more about defence in criminal proceedings.
You also have the right to defend yourself. This means that you have the right to refuse legal aid and use all the rights of defence on your own. Read more about the right to defend yourself.
Free legal aid
You always have a right to invite a self-paid attorney at law of your own choosing. However, an attorney at law may also be provided and paid for by the state. Those situations are where:
- You have not invited an attorney at law but the participation of the attorney in the criminal proceedings is compulsory.
- You have invited an attorney at law but for some reason they cannot participate in a procedural activity where the presence of an attorney is compulsory.
- You have not invited an attorney because you cannot afford to pay for one, but you wish to be assisted by an attorney. Please note that in these situations you are entitled to legal aid provided and paid for by the state regardless of your income level.
The procedure for assigning an attorney at law is explained in the Criminal Procedure Code, the Law on legal assistance guaranteed by the state and the Law on advocacy.
Communication with an attorney at law
You have the right to meet with your attorney at law freely during your detention, but you have to comply with the internal order of the investigation prison. The administration of the investigation prison must ensure that you can meet with your attorney at law confidentially. The guards or other authorities must not listen to your conversation or watch it on video surveillance.
You also have the right to call, write to and receive letters from your attorney at law. You have the right to confidentiality. That means that the staff of the place of detention must not listen to your calls or read your letters.
If you do not speak Romanian, there may be some situations where you have the right to a State provided translator during your meetings with the attorney at law.
What human rights violation may there be?
If you were not given a chance to invite an attorney at law and you could not, therefore, effectively challenge your detention, this may result in a violation of the right to liberty and security of a person.
If you were not given a chance to invite an attorney at law and you could not, therefore, properly prepare your defence, there were non-permitted interferences in your communication with your attorney or you were not allowed to defend yourself where permitted, this may result in a violation of the right to fair trial.