2021
DOI: 10.22197/rbdpp.v7i3.565
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Suspect’s access to a lawyer at an early stage of criminal proceedings in view the case-law of the European Court of Human Rights

Abstract: O acesso a um advogado na fase anterior ao julgamento é um com- ponente essencial do direito de defesa no processo penal e do direito a um julgamento justo. O acesso a um advogado permite que o imputado tome uma boa decisão em relação à sua defesa. Atualmente, não há dúvida de que o acesso imediato à defesa técnica constitui um contrapeso importante à vulne- rabilidade dos suspeitos sob custódia policial, garante a igualdade de armas e fornece uma salvaguarda fundamental contra a coerção. Este es… Show more

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Cited by 2 publications
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“…As we have seen, the Judgment of the Grand Chamber handed down in the case of Ibrahim and Others v. the United Kingdom does not affect the temporal scope of the right to access legal advice. In fact, by relying on the autonomous understanding of the term charge, the Grand Chamber clarified that the right to the defense attorney does not arise from the time of the first interrogation, that is when the person is formally presented with charges, but from the time of the carrying out the first action on the part of authorities conducting the process that is aimed to prosecute the person (Sakowicz, 2021(Sakowicz, : 2004. Nonetheless, on the other hand, in contrast to the Salduz Judgement, the Ibrahim Judgment opens far more leeway for states to restrict the right of the suspect to the defense attorney during pre-trial proceedings.…”
Section: The Compelling Reasonsmentioning
confidence: 99%
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“…As we have seen, the Judgment of the Grand Chamber handed down in the case of Ibrahim and Others v. the United Kingdom does not affect the temporal scope of the right to access legal advice. In fact, by relying on the autonomous understanding of the term charge, the Grand Chamber clarified that the right to the defense attorney does not arise from the time of the first interrogation, that is when the person is formally presented with charges, but from the time of the carrying out the first action on the part of authorities conducting the process that is aimed to prosecute the person (Sakowicz, 2021(Sakowicz, : 2004. Nonetheless, on the other hand, in contrast to the Salduz Judgement, the Ibrahim Judgment opens far more leeway for states to restrict the right of the suspect to the defense attorney during pre-trial proceedings.…”
Section: The Compelling Reasonsmentioning
confidence: 99%
“…Accordingly, in the Judgment handed down in the case of Beuze v. Belgium, the Grand Chamber did not proceed on the earlier assumption derived from the Salduz doctrine according to which a restriction on access to the defense attorney of a systemic nature (i.e. where national legislation prohibits contact between the suspect and the defense attorney) results in automatic violation of Article 6, paragraphs 1 and 3(c) of the ECHR (Sakowicz, 2021(Sakowicz, : 2006. Thus, according to the Beuze Judgment, even if there is a systematic, general, and mandatory statutory restriction with regard to access to the defense attorney not accompanied by the existence of compelling reasons, which would result in the automatical violation of the right to a fair trial under the Salduz doctrine, hypothetically speaking, under the view of the Grand Chamber in the Beuze case, criminal proceedings in which such a violation occurred may still be regarded as a fair one on the condition that such criminal proceeding satisfies an assessment of the overall fairness of the proceedings.…”
Section: The Judgment Of the Grand Chambermentioning
confidence: 99%
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