Criminal proceedings are a stressful situation for most people, often creating fear and uncertainty. Whether you are a suspect, an accused, or a loved one of someone facing charges, it is crucial to secure professional legal assistance quickly.
A well-prepared defense, conducted by an experienced attorney, can have a real impact on the course of the entire criminal proceeding and, in many cases, its favorable conclusion.
The right to defense – what does the legislation say?
Every citizen has the right to a defense. This means that a person suspected or accused of a crime has the right to be assisted by a defense attorney at every stage of criminal proceedings – from the moment of arrest, through pre-trial proceedings, up to the court hearing and any appeals.
The court, prosecutor or police are obliged to inform the suspect of his right to defense. In practice, this means that you have every right to contact your lawyer, to request his presence during questioning, and not to take any procedural action without his presence if you feel unsafe.
Who can be your defense attorney?
A defense attorney in a criminal case can only be an attorney or legal counsel authorized to act in criminal cases. Importantly, you can appoint a defense counsel yourself, but – if you are temporarily arrested – another person (such as a family member) can also do so on your behalf.
Authorization to defend yourself can be given in writing or by a statement for the record of the body conducting criminal proceedings.
When is defense counsel mandatory?
In certain cases, the participation of a defense counsel in a criminal case is mandatory by law. This happens when:
- the defendant is under 18 years of age,
- the defendant is deaf, blind or mute,
- there is a suspicion that the defendant does not understand the meaning of the act or is unable to direct his conduct (e.g., due to his mental condition),
- the proceedings are held before the district court as a court of first instance in cases of crimes
In these situations, the court appoints a defense counsel ex officio, if the defendant does not choose one himself. However, even if the participation of a defense attorney is not required, it is always worth having one – your rights and safety are then better protected.
