2. The Supreme Court’s case-law
57. According to the established case-law of the Supreme Court, a defendant in criminal proceedings cannot represent himself even if he is a lawyer or a judge. The Supreme Court considered that the statutory provisions authorising judges and lawyers to represent themselves before the courts were inapplicable in criminal cases (case no. 1501/97, judgment of 19 March 1998; case no. 3347/01, judgment of 6 December 2001; see also case no. 7/14.0TAVRS.S1, judgment of 20 November 2014, paragraph IV). It further found that the rules of domestic law allowed accused persons to prepare their defence together with defence counsel; they could also submit observations, statements and requests which did not raise questions of law (case no. 7/14, cited above, paragraph XI). The Supreme Court stressed in that context that the dispassionate conduct of a case was a necessary additional safeguard in criminal proceedings (see case no. 7/14.0YGLSB.S1, judgment of 12 June 2014, paragraph B.3). In the situations covered by Article 64 § 1 of the CCP, the legislature presumed that the accused’s personal defence was weakened, thus increasing the need for technical assistance, which the accused could not refuse (see case no. 3236/04, judgment of 7 April 2005, paragraph IV). In criminal proceedings the responsibilities of defence counsel were incompatible with the status of an accused (see, for instance, case no. 3347/01, judgment of 6 December 2001, paragraph I).
Curtea Europeană a Drepturilor Omului
(cauza Correia de Matos, cererea nr. 56402/12 soluționată prin Hotărârea Marii Camere din data de 4 aprilie 2018)