The Role of the defense counsel in ensuring the rights not to confess guilt in Latvian criminal procedure

The article explores to what extent the defense counsel should comply with the defense position of the defendant. It examines which actions fall within the competence of the defendant and which ones within the competence of the defense counsel. The author describes basic action guidelines of the defense counsel depending on the defense position chosen by the defendant in order to ensure the right of the defendant not to confess guilt. The right not to confess guilt emerges from the general right to a fair trial. The issue of confession of guilt is the cornerstone of defense, because the confession of guilt as important evidence is critical to outcome of the case. The significance of confession of guilt is growing because of the prevailing trend in Latvia and other European countries to introduce simplified forms of criminal procedure where the confession of guilt is a prerequisite. The defense counsel has an important role in ensuring the right not to confess guilt. Contrary to situations in Estonia and Lithuania, in Latvia neither the Criminal Procedure Law nor the norms of professional ethics regulate in relations between defense counsel and defendant to what extent defense counsel should comply with defendant’s position. The author concludes that the defense counsel should comply with the defendant’s subjective view in the expressing his or her attitude towards the accusations or prosecution. However, the questions of strategy and tactics should remain within the sole competence of the defense counsel, complying with certain rules. The article contains proposals for amendments of the Criminal Procedure Law and the Code of Conduct of the Latvian Sworn Advocates