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Appointment of temporary criminal defence counsel and replacement of appointed counsel

Author:
Issue 2002/9
Pg 601-609

Summary


A speedy and unhindered court hearing in the criminal procedure presumes procedural law regulation giving a balanced regard to different principles of criminal procedure. A criminal proceeding cannot be speedy and effective if the legal regulation of criminal procedure does not contain provisions that help to minimise the share of factors impeding the proceeding. There are a number of such factors. In connection with the future reform of criminal procedure, the author analyses whether the regulation in force enables to ensure, in a sufficiently balanced way, a speedy court hearing of a criminal matter and, at the same time, the exercise of the right of defence of the person accused at trial. Also, the author examines whether the new draft Code of Criminal Procedure should foresee more extensive possibilities for releasing the appointed criminal defence counsel from his or her defence functions and for appointment of another counsel in replacement

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