Tag: defence rights

Legal privilege which prohibits  the use of conversations or communications of defense attorneys  does not indiscriminately apply to all conversations of individuals holding the role of defense attorney but only to those which, upon subsequent review, are found to pertain to the function being exercised.

Italian Constitutional Court stenghtend right to silence of the defendant in criminal proceedings which now covers personal information about the defendant as well. 

Errors of defense attorney have consequences on defendants rights, since they dont' allow a new (correct) exercise of lost rights.

It must be recalled that in all proceedings in which sanctions, especially fines or penalty payments, may be imposed observance of the rights of the defence is a fundamental principle…

Professional mistakes of the defense attorney cannot prejudice defense rigths.

The freedom of lawyers to practise their profession without undue hindrance is an essential component of a democratic society and a necessary prerequisite for the effective enforcement of the provisions of the Convention, in particular the guarantees of fair trial and the right to personal security. 

A criminal defense lawyer does not defend the crime or the criminal, but the rights of the accused, and so evereyone's.