Defence in criminal cases

The right to defence is one of the fundamental rules in the criminal procedure. In conformity with Article 6 of the Criminal Procedure Code, the accused shall have the right to defence, including the right to appoint a defence counsel.

Appointment of a defence counsel means the entitlement to undertake legal action throughout the whole criminal procedure, i.e., not only in the course of a trial. Nevertheless, any related constraints may arise from the contents of a power-of-attorney.

In the case of the criminal procedure a defence counsel may be appointed within the framework of the preparatory proceedings, i.e., the proceedings that result in the deed of indictment to be filed with the court.

The power-of-attorney empowers the defence counsel to take part in the actions undertaken within the framework of the pending criminal procedure. Therefore, the defence counsel shall have the right to take part in the hearing of witnesses as well as to ask them questions. That does not, however, mean that the defence counsel will act in place of the accused in all and any situations. The defence counsel cannot act in place of the accused when a specific action requires the accused to be brought or act in person. The defence counsel will not be permitted to submit confessions and statements on behalf of the accused.

The major participants in the criminal procedures are: a prosecutor (and other investigation authorities, for instance, the police), a suspect/accused, a defence counsel, and a judge.