Court-Appointed Lawyer in the Criminal Trial

4 Pages Posted: 16 May 2019

Date Written: April 25, 2019

Abstract

The article presents a few issues about the importance and necessity of a court-appointed lawyer in the criminal trial. In order to secure the right to defence, if the suspect or defendant has not appointed a lawyer to represent his/her interests, the judicial body has the obligation to take measures in order to appoint a public defender. Therefore, the protection of such rights must be material and objective, not only theoretical and illusory. But the appointment of a lawyer only is not enough to provide effective assistance. The public defender is appointed on written demand of court, justice of peace, preliminary chamber judge, criminal investigation or search body, bar council. The suspect or defendant is not allowed to elect a public defender. If appointed, the public defender has the obligation to provide legal assistance less when there is a conflict of interest between the lawyer or a suspect or defendant. This measure is determined both for consolidating the idea of fair, transparent justice and for securing a fair trial to the individuals criminally accused.

Keywords: criminal accusation, fair trial, lawyer, legal assistance, right to defence

Suggested Citation

Petriman, Silviu-Ștefan, Court-Appointed Lawyer in the Criminal Trial (April 25, 2019). RAIS Conference Proceedings - The 12th International RAIS Conference on Social Sciences & Humanities. Available at SSRN: https://ssrn.com/abstract=3388111 or http://dx.doi.org/10.2139/ssrn.3388111

Silviu-Ștefan Petriman (Contact Author)

Dimitrie Cantemir Christian University ( email )

Splaiul Unirii nr. 176
Sector 4
Bucharest, 030134
Romania

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