The history of the human right to defense. Contemporary understanding of it Cover Image

Historia prawa człowieka do obrony. Współczesne jego rozumienie
The history of the human right to defense. Contemporary understanding of it

Author(s): Dawid Majchrzak
Subject(s): Criminal Law, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: human rights; right to defense; the adversarial nature of the process; inquisitorial process; criminal trial;

Summary/Abstract: The purpose of this article is to present the rights to defense in the universal, regional and national human rights system. The article presents the institutions of the right to defense from the oldest civilisations until today. It shows the most important regulations of the universal system of human rights protection, as well as regional systems and national law, and analyses the right to defense as a procedural institution. The aim of this article is to present the evolution of the rights of defense from the point of view of human rights where it is an indispensable element of the applicable codes of criminal procedure. In this article I will try to answer whether, despite the extensive guarantee of this right, it is sufficiently implemented, and if not why and what are the ways to change this state.

  • Issue Year: 33/2022
  • Issue No: 1
  • Page Range: 85-100
  • Page Count: 16
  • Language: Polish