Tag: defense rights

The right of every defendant to be effectively defended by counsel is one of the fundamental elements of a fair trial: the right of a defendant to confer with his or her lawyer outside the hearing of a third party is one of the elementary requirements of a fair trial in a democratic society and derives from Article 6 § 3 (c) of the European Convention of HR.

The substitution of the court appointed lawyer (or public defender) is legitimate if the appointed counsel has not performed any defensive actions and has not acted in favor of his…