Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2018, vol. LII, No. 1, pp. 413-429
Language of the paper: Serbian
Review Article
udk: 343.121
doi: 10.5937/zrpfns52-17149
Author:
Minja Blažić Pavićević, Ph.D. Student
University of Novi Sad
Faculty of Law Novi Sad
minjablazic@hotmail.com
Abstract:
Right on defense is one of the basic guaranteed human rights and it is based on a right of the defendant to defend himself, to hire a representative which he would select and a right for appointed defense counsel which would represent his interests in criminal proceedings. Criminal proceeding’s theory puts defense on one of the most important functions of the criminal procedure and a role and abilities of defender changed with the development of the institute of defense in criminal proceedings. Alongside the issue of defense in criminal proceedings, this article will also deal with the matter of compulsory defense of adults in criminal proceedings seen from the point of view of historical evolution of the compulsory defense, international and domestic legislature alongside some examples of comparative legislature on compulsory defense and standards and practice of European Court of Human Rights that deal with the matter of compulsory defense. Having in mind that right on defense leads to achievement of fair procedure and allows the equal power ratio during the proceedings, as well as the need of equalizing the criteria’s considering compulsory defense that is recognized by the European parliament, which strives to regulate a matter of compulsory defense by a special regulative, the question of compulsory defense will be dealt with a need of harmonization of domestic legislature with standards of European court of human rights and proposals de lede ferenda.
Keywords:
defense, compulsory defense, appointed defense counsel, criminal proceedings.