A RIGHT TO DEFENCE IN THE CANONICAL PENAL PROCESS Cover Image

PRÁVO NA OBHAJOBU V KANONICKÉM TRESTNÍM PROCESU
A RIGHT TO DEFENCE IN THE CANONICAL PENAL PROCESS

Author(s): Monika Menke
Subject(s): Christian Theology and Religion
Published by: Univerzita Palackého v Olomouci
Keywords: Penal process; Judge; Promoter of justice; Right to defence; Advocate; Legal remedies

Summary/Abstract: The article summarizes the options for the right to defence in the penal canonical process. The right to defence is one of the fundamental rights of believers. The relevant norms of the Code of Canon Law are to be found both in the part concerning the basic rights and obligations of believers, as well as in the part concerning the procedures. The requirement for the public good of the Church clearly states the need to allow this right of defence to be exercised in order to guarantee the fairness of the process and any imposition of a penalty. A violation of the rights to defence may cause irreparable defect to the invalidity of the judgement. The right to defence is guaranteed in the penal process particularly by the compulsory service of an advocate, the right of the accused to be heard and the right to object in the process of the trial.

  • Issue Year: XV/2013
  • Issue No: 2
  • Page Range: 153-167
  • Page Count: 15
  • Language: Czech