You have the right to defend yourself at all stages of the contraventions procedure.
This means that you can defend yourself before the court, either in person or through a qualified lawyer.
It makes no difference whether you defend yourself, or if you are defended by a qualified lawyer. In all cases you will have the same rights, as well as the obligation to comply with all time limits and to submit all the documents required by the court.
Moldovan law does not provide for a free lawyer in the contraventions procedure, except for a list of cases, for example when the person is charged with a deed liable to the penalty of contravention arrest. There are certain situations where the right to a fair trial requires that you are given a free lawyer. Read more about legal aid.
Appropriate time and facilities
You, or your defender, must be given the appropriate time and facilities to prepare your defence. This means, for example, that:
- all charges must be communicated to you in a timely fashion
- you must be given access to the evidence in your case
- you must have an opportunity to challenge the evidence and give your opinion and arguments
As a general rule, there must be a protocol prepared describing the circumstances of the offence and your charge. If you are present when the protocol is being written, the state official must provide you with a copy. If you are not present when the protocol is being written, the state official must notify you about it or provide you with a copy by post. Where the person charged with the contravention is still a minor, this protocol must also be sent or notified to the legal guardians of the minor (for example, the parents or adoptive parents).
You, or your defender, must also be given access to the case file and the opportunity to be present at the hearing of your case in court.