Unit:
Κατεύθυνση Ποινικό Δίκαιο και Ποινική ΔικονομίαLibrary of the School of Law
Author:
Alexopoulou Anastasia
Supervisors info:
Δημητράτος Νικόλαος, επίκουρος Καθηγητής Νομικής Σχολής Αθηνών ΕΚΠΑ
Αναγνωστόπουλος Ηλίας, αναπληρωτής Καθηγητής Νομικής Σχολής Αθηνών ΕΚΠΑ
Τριανταφύλλου Γεώργιος, επίκουρος Καθηγητής Νομικής Σχολής Αθηνών ΕΚΠΑ
Original Title:
Η θέση του υπόπτου και του κατηγορουμένου στα επιμέρους στάδια της ποινικής προδικασίας (με έμφαση στα δικαιώματα γνώσης της κατηγορίας και πρόσβασης σε δικηγόρο)
Translated title:
The position of the suspect and the accused in the individual stages of the pre- trial criminal proceedings (with emphasis on the rights of the accused to be informed of the accusation against him and to be given access to a lawyer)
Summary:
Without the existence of an institutionalized procedure which safeguards the person alleged to be a perpetrator of a crime the right to defend himself effectively against the charge, the administration of justice takes the form of absolute and arbitrary criminal repression. The requirement to provide guarantees to the accused is linked to the obligation to respect human value and the presumption of innocence and is therefore always up to date. The increasing widening of the rights granted to the accused is not at the opposite of the State's right (and obligation) to prosecute crime, because the need to suppress crime does not justify the use of unlawful means and methods.
The procedural rights granted to the subject of the criminal proceedings are inextricably linked to his right to defend himself against criminal offense and conviction and are therefore characterised as defence rights. Defense rights cover the whole of the criminal procedure, ensure its fairness, from the point of criminal prosecution (and often before it), until the accused is dismissed or referred to trial and of course the trial itself.
The legal basis for safeguarding the rights of the person subject to criminal proceedings is national law, namely the Constitution, the Code of Criminal Procedure and special legislation, as well as international law, such as the European Convention on Human Rights (1950), the International Covenant on Civil and Political Rights (1966), legislation of European Union, and in particular the Charter of Fundamental Rights of the European Union.
The subject of this essay is to present the set of rights of the subject of the criminal procedure in the pre-trial process in the narrow sense, that is, basically the stage, from the prosecution to the end of the investigative process. Particular emphasis will be given to the right of the accused to to be informed of the nature and cause of the accusation against him and the right of of the accused to be given access to a lawyer, in the light of national law and Article 6 of the ECHR. Lastly, a brief reference will be made to pre-trial process in the broadest sense and to the European Union’s legislation.
Main subject category:
Law and Legislation
Other subject categories:
Criminal Law
Criminal Procedure
Keywords:
suspect, accused, interrogation, informed of accusation, access to lawyer, legal aid, echr, european court case law, directives
