Right of the detained person of the defence in the light of domestic and european standards
Journal Title: Globalization, the State and the Individual - Year 2017, Vol 1, Issue 13
Abstract
The article is devoted to the subject of detainee’s right to defend with the special emphasis of the right to contact the attorney. The precise establishing of the limits concerning the detainees right to defend and indicating regulations that guarantee the legality of the detainment as well as its control seems to be the key factor in respecting detainee’s rights that result from both national regulations and international standards. Due to that fact, the author starts from the analysis of the re- gulation found in the contents of Art. 42 (2) Polish Constitution, and continues through more elaborated provisions resulting from Art. 245 Polish Code of Criminal Procedure by analyzing its premises and the conditions of detainee’s unrestricted contact with the lawyer and indicating the weightiness and significance of the premises found in these provisions in the context of the right to defend. These deliberations are complemented by the references to the stance of European Court of Human Rights which on the account of its judicial decisions provided standards that make the confidentiality of the consultations between the detainee and the attorney even more important.
Authors and Affiliations
Magdalena Kornak
Keywords
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