THE RIGHTS OF THE DEFENDANT

Abstract

Respect for human rights in a state of law is without doubt "conditio sine qua non". Today human rights have a imperative meaning and therefore whether one state will adhere to this or not, it is identical to Hamlet's question "To be or not". Simply a state in the real meaning can only be that in which the human rights will be the most indisputable notion. Permanent upgrading and respecting of human rights increases citizens' trust in the national institutions, otherwise the existence of a high level of distrust in state institutions, especially in the courts and public prosecutor's offices, is a real indicator of a society where the rule of law erodes. Every person must enjoy his rights, including the accused persons who only with recognized rights are integrated into an accusatory and fair procedure. The defendant, having own rights, will have trust in the judicial authorities, that he will be brought before an independent and impartial court and with a fair trial will receive a legally and fair verdict. Because the law is that who guarantees to a defendant a fair judgment and the state is obliged to enable and protect it. This was greatly invented by the old Roman lawyers when they defined the law as ars boni et aequi - a skill of the good and the fair, and the state as res publica - an organization who protects all inhabitants. Only this combinatorial and cohabitation of the state and the law is the way in which the defendant will be a process entity with guaranteed, protected and effected rights and part of a fair trial. Criminal law and criminal procedural law with their principles, very well reflect the position of the defendant in the accusatory procedure. The principle of legality, the presumption of innocence, the prohibition of discrimination from the criminal substantive law, including the principle of seeking the truth, fair procedure, contradiction and principle of publicity from the criminal procedural law are one of the most important principles in these areas that are related to the defendant’s rights. They represent the base from which the rights of the defendant are further formed. This also shows the dependence of the defendant's rights from the penal policy in the state and from her behavior to the human rights. Therefore, the rights of the defendant besides the criminal law matter are part of the guaranteed basic human rights. The United Nations and the Council of Europe as institutions have great integrity in relation to the human rights, including the rights of the defendant. With the International Covenant on Civil and Political rights and the European Convention on Human Rights are established the international standards for the defendant’s rights and also criteria for the states that must meet if they want to acquire the epithet state of law. Therefore, in this paper will be analyze and study the rights of the defendant from the aspect of human rights according to already established international standards.

Key words: Human rights, fair trial, accusatory procedure, defendant.