ТHE PROCEDURAL POSITION OF THE DEFENDANT IN THE CRIMINAL PROCEEDINGS

Abstract

In the content of this paper I will try to point out the procedural position of
the defendant in the criminal procedure, by analyzing the course of the procedure from its
beginning to its completion with a final judgment.
The paper will elaborate a pre-investigation procedure, an investigation procedure and
a main hearing before a competent court after the indictment enters into force.
Namely, cases will be analyzed that are from my personal legal experience and how I,
from the position of a defense counsel in the criminal procedure, see the procedural position of
the defendant in the criminal procedure in accordance with the law, theory and practice.
Two cases will be analyzed, one covering the procedure for detention and admission of
guilt, the other is the defense of liberty and ends with a conviction with an effective prison
sentence. These two cases are sufficient insight to see the procedural position of the defendant
at all stages of the criminal proceedings.
Key words: criminal proceedings, defendant, detention, defendant rights, verdict