The Right of the Suspect to Counsel in Pre-trial Criminal Proceedings, Its Content, and the Extent of Application

In order to guarantee that the rights of a suspect are respected throughout the criminal proceedings, he or she should have the right to counsel from the very early stages of the proceedings, at least immediately upon arrest. Nevertheless, as soon as this principle is recognised, several questions arise. First, should this right be interpreted in such a way that the suspect has a right to counsel not only before procedural
acts that involve him or her but also during these acts? Secondly, should the right be absolute in nature? In this article, it is suggested that the answer to the first question is ‘yes’, and the arguments supporting this perspective are brought out. Additionally, it is discussed that this right is subject to restrictions if the suspect him- or herself agrees therewith or there are compelling reasons for this.

Journal/Publisher: Juridica International, 2012 XIX

Publication type: Article

Number of pages/Page range: 170-178

Language/s (content): English

Date of publication: 01-10-12

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Full name Jaan GINTER

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University/Institution University of Tartu

Address Näituse 20, Tartu

Postal code 50409

Country Estonia

Telephone +372 7375391

Email Jaan.Ginter@ut.ee