Stručni rad
Right to a defence counsel at police station through the prism of European legal standards
Iva Vitez
orcid.org/0000-0002-4279-9979
Sažetak
The right to a defense counsel is one of the most important minimum rights of defense in criminal proceedings. The realization of this right, especially at the initial stages of the proceedings, is a prerequisite for ensuring the fairness of the proceedings. The right to legal assistance is not exhausted by the presence of a defense counsel at the police station. It includes a number of aspects that respect the rights of the defendants - the right to free and undisturbed communication with the defense counsel, effective participation in the trial, the presence in investigation and evidence gathering, the respect of the privilege of self-accusation, the moral support to the defendant and the protection against force. Anyone suspected of having committed a criminal offense can legitimately waive the right to a defense counsel under certain conditions. On the other hand, restrictions on the right to access to a defense counsel are allowed under certain circumstances, but such restrictions should not be converted into unlawful violations of the fundamental rights of the defense. In order for the proceedings as a whole to be fair, it is necessary to provide basic procedural guarantees for both parties in the proceedings.
Ključne riječi
right to a defense counsel; compelling reason; , Salduz doctrine; illegally obtained evidence; fairness of the proceedings
Hrčak ID:
245132
URI
Datum izdavanja:
21.10.2020.
Posjeta: 1.069 *