Criminal Procedure: What Are the Rights of the Accused?
The Basic Rights of the Accused in Criminal Proceedings
Criminal proceedings are governed by specific safeguards aimed at protecting the rights of the accused and ensuring a fair trial.
From the preliminary investigation and investigation stages through to the hearing of the case before the competent court, the accused has important procedural rights guaranteed by the Greek Code of Criminal Procedure, the Constitution and the European Convention on Human Rights. This article presents the most important rights of the accused and explains their significance for effective defence in a criminal case.
What Is Criminal Procedure?
Criminal procedure consists of the procedural steps and actions followed from the moment the competent authorities become aware of the commission of a criminal offence until a final court decision is issued. Its purpose is to establish the truth, protect the rights of the persons involved and ensure the proper application of criminal law.
The procedure includes various stages, such as the preliminary examination, the preliminary investigation, the main investigation, referral of the case for trial and the hearing of the case. At each stage, the accused has specific rights that cannot be disregarded.
What Are the Basic Rights of the Accused?
The Greek legal system recognises a range of rights that ensure the effective exercise of the defence and compliance with the principle of a fair trial.
The Right to Be Informed of the Charges
The accused has the right to be informed clearly and fully of the offence with which they are charged. Knowledge of the charges is a fundamental prerequisite for preparing their defence and effectively exercising their rights throughout the proceedings.
The Right of Access to the Case File
Access to the case file allows the accused and their lawyer to become aware of the evidence relating to the case. Reviewing the case file is often crucial for developing the defence strategy and assessing the facts and circumstances of the case.
The Right to Legal Assistance
Every accused person has the right to be represented by a lawyer of their choice. The presence of defence counsel may be particularly important from the earliest stages of the proceedings, as many critical procedural steps take place before the case even reaches trial.
The Right to Interpretation and Translation
Foreign nationals accused of criminal offences, or persons who do not have sufficient understanding of the Greek language, have the right to interpretation and translation of essential procedural documents. This safeguard contributes to the effective exercise of their defence rights.
The Right to Remain Silent and the Privilege Against Self-Incrimination
One of the most important rights of the accused is the right not to be compelled to contribute to their own incrimination. The accused has the right to remain silent and not to answer questions put to them by the authorities.
The exercise of this right cannot be regarded as evidence of guilt or be used against the accused when the case is assessed.
The Presumption of Innocence in Criminal Proceedings
The presumption of innocence is a fundamental principle of Criminal Law and criminal procedure. Every accused person is presumed innocent until their guilt has been lawfully established by a final and binding court judgment.
This principle affects the entire criminal procedure and requires prosecuting and judicial authorities to treat the accused as innocent until the lawful evidentiary process has been completed.
Rights of the Accused During the Investigation and Preliminary Investigation
The preliminary investigation and main investigation stages are of particular importance for the development of a criminal case. During this period, statements are taken, evidence is collected and critical procedural acts are carried out.
Learn more about the stages of the investigation and preliminary investigation by reading the following articles:
Presence of Defence Counsel During the Accused’s Examination
The accused is entitled to be assisted by defence counsel when giving their statement or defence. Proper preparation before giving a statement can significantly affect the course of the case.
Submission of Requests and Defence Arguments
The accused may put forward arguments in their defence, request that investigative acts be carried out and submit evidence they consider useful for their defence.
The Right to Challenge Procedural Acts
The law provides for the possibility of exercising legal remedies or procedural challenges where the statutory requirements are met, with the aim of protecting the rights of the accused.
Rights of the Accused at Trial
During the hearing of the case before the court, the accused retains a number of rights connected with the conduct of a fair and impartial trial.
The Right to Be Present at Trial
As a general rule, the accused has the right to be present during the hearing of their case and to follow the proceedings.
The Right to Examine Witnesses
The defence may put questions to witnesses and challenge the credibility or substance of their testimony, within the framework of adversarial proceedings.
The Right to Present Defence Arguments
The accused and their lawyer have the opportunity to present their legal and factual arguments before the court and request that all evidence be assessed.
Why Is Timely Legal Assistance Important in a Criminal Case?
Many of the accused’s rights can only be exercised effectively when timely and proper legal guidance is available. Reviewing the case file, preparing the accused’s statement, collecting evidence and developing a defence strategy are matters that often have a significant impact on the course of the case.
For this reason, obtaining timely information about one’s rights and the available procedural options can be particularly important at every stage of criminal proceedings.
Frequently Asked Questions About the Rights of the Accused in Criminal Proceedings
1) Is the accused required to answer questions from the authorities?
No. The accused has the right to remain silent and is not required to give evidence against themselves.
2) Can the accused obtain copies of the case file?
Subject to the conditions provided for by criminal procedure, the accused and their lawyer may obtain access to the contents of the case file.
3) Does the accused have the right to a lawyer from the earliest stages of the proceedings?
Yes. The assistance of a lawyer may be requested from the initial stages of the criminal investigation into the case.
4) What is the significance of the presumption of innocence?
The presumption of innocence protects every accused person from being treated as guilty before a lawful court decision establishing guilt has been issued.
Useful Legal Topics Related to Criminal Procedure
Understanding the rights of the accused is directly connected with issues such as giving a statement before an investigating judge, pre-trial detention, criminal pre-trial proceedings, appeals and other legal remedies against court decisions, the recognition of mitigating circumstances and the suspension of sentence enforcement.
Being informed about these issues can help anyone concerned gain a more complete understanding of how criminal justice operates and the safeguards provided by law.
Legal Information and Support in Criminal Law Cases
Safeguarding the rights of the accused is a fundamental prerequisite for the effective exercise of the defence at every stage of criminal proceedings. Timely information and proper assessment of the circumstances of the case can make a substantial contribution to developing the appropriate defence strategy.
Every criminal case has its own particular characteristics and requires an individual legal assessment based on the facts and circumstances of the case and the applicable legal framework.
Our law firm in Thessaloniki regularly handles Criminal Law matters, representing and defending accused persons at every stage of criminal proceedings, from the pre-trial stage and investigation through to the hearing of the case before the competent courts.
For immediate legal representation and assistance in a criminal case, call us on 6977424779. You can also contact us via Viber / WhatsApp on the same number.
Alternatively, you may contact us or send us relevant documents concerning your legal matter by email at terzidislaw@yahoo.gr
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