Participation of a defense attorney in preliminary procedure

The right to have the assistance of defense attorney and to consult with him the way of defense is a part of the right of defense - a basic right in democratic countries, which is expressed in article 40 of Charter of Fundamental Rights and Basic Freedoms and also in various international treaties. The function of defense attorney in the criminal proceedings is irreplaceable. He provides legal aid though all stages of criminal procedure, but I concentrate on his role in preliminary procedure. The defense attorney defends his client from the beginning of criminal prosecution, but advocate can render help even before the criminal prosecution starts, during providing explanation. A right of defense attorney to search out evidence, present evidence and put it forward belongs among the means, which a defense attorney can use to defend his client and affect the course of criminal proceeding. Another right of defense attorney is to participate in the investigative act and the right to see the criminal file. Other rights of the defense counsel are listed in §41 of the criminal procedure code. My thesis is divided into six chapters. The first chapter deals with the right of fair trial and a right of defense. The following chapters describe preliminary procedure and the role of defense attorney in particular forms of..