THE RIGHT OF A PRE-TRIAL DETAINED PERSON TO LEGAL AID (ARTICLE 245 § 1 OF THE CODE OF CRIMINAL PROCEDURE)
THE RIGHT OF A PRE-TRIAL DETAINED PERSON TO LEGAL AID (ARTICLE 245 § 1 OF THE CODE OF CRIMINAL PROCEDURE)
Author(s): Piotr Krzysztof SowińskiSubject(s): Criminal Law, Penal Policy
Published by: Wydawnictwo Uniwersytetu Rzeszowskiego
Keywords: detention; detained person; legal aid; attorney; legal adviser; defender; reservation of presence; defense secrecy; quasi-defense secrecy;
Summary/Abstract: The aim of the paper is to discuss the issue of detainee’s access to legal assistance provided by an attorney or legal adviser, i.e. representatives of two equivalent legal professions. The author analyzed the restrictions related to access to such assistance, as well as the conditions enabling the detaining authority to reserve its presence during a detained person’s conversation with one of the abovementioned legists. The paper also points out the doubts regarding the legal status of the consultant, i.e. whether he or she should be treated as a sui generis defender or a legal representative.
Journal: Zeszyty Naukowe Uniwersytetu Rzeszowskiego - Seria Prawnicza
- Issue Year: 2019
- Issue No: 27
- Page Range: 190-200
- Page Count: 11
- Language: English
