Firm profile
Firm profile

Tag: defence rights


Defendant has the right to refuse personal information to investigation authorities (Costitutional Court, 111/23).

Italian Constitutional Court stenghtend right to silence of the defendant in criminal proceedings which now covers personal information about the defendant as well. 


Mistakes of defense attorney prejudice definitively defendants rights (Cass. 18716/16)

Errors of defense attorney have consequences on defendants rights, since they dont' allow a new (correct) exercise of lost rights.


EU rights of the defence (CJEU, 550/07)
It must be recalled that in all proceedings in which sanctions, especially fines or penalty payments, may be imposed observance of the rights of the defence is a fundamental principle…


Ignorance of basic rules by defense attorney cannot prejudice rights of defendant (Cass. 35149/09)

Professional mistakes of the defense attorney cannot prejudice defense rigths.


Defense attorneys and rule of law (ECtHR, Elci vs Turkey, 2004)

The freedom of lawyers to practise their profession without undue hindrance is an essential component of a democratic society and a necessary prerequisite for the effective enforcement of the provisions of the Convention, in particular the guarantees of fair trial and the right to personal security. 

Useful Information

.. how can a criminal defense attorney defend criminals?

A criminal defense lawyer does not defend the crime or the criminal, but the rights of the accused, and so evereyone's.