Once again on the right of the defendant to waive their mandatory legal defense according to art. 36b of the Criminal Code Cover Image

JEŠTĚ K PRÁVU OBVINĚNÉHO VZDÁT SE NUTNÉ OBHAJOBY PODLE USTANOVENÍ § 36B TRESTNÍHO ŘÁDU
Once again on the right of the defendant to waive their mandatory legal defense according to art. 36b of the Criminal Code

Author(s): Vladimír Lichnovský
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Palackého v Olomouci_1
Keywords: Legal aid; mandatory defense; appellate review; criminal procedure; cost reduction; deterioration of the position of the defendant.

Summary/Abstract: The concept of the waiver of the right to the mandatory legal defense represents a relative novelty in the Czech law, one that re-evaluates selected grounds for mandatory legal defense in relation to a cost-cutting effort by the legislature. On the inverse side of this effort stands the possibility of a significant deterioration of the position of defendants compared to the current rules, as those affected frequently fail to realize that they do not have the same rights as their counsel.

  • Issue Year: 8/2013
  • Issue No: 2
  • Page Range: 103-108
  • Page Count: 6
  • Language: Czech
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