+386 2 25 23 780
+386 41 262 575 (emergencies)
Cankarjeva ul. 16, Maribor, SI
info@odvetnik-kutnjak.si
  1. Home
  2. Legal areas
  3. Criminal law
  4. Criminal proceedings and the right to a defense attorney

Criminal proceedings and the right to a defense attorney

Presumption of innocence, in doubt in favor of the accused

All provisions of criminal law, both substantive and procedural, originate from fundamental principles, among which the principle of presumption of innocence of the accused and the principle of the right to defense and to defense with legal assistance (defense attorney) are among the most important, if not the most important.

  • an accused of a criminal offense is considered innocent until his guilt is proven and established by a final verdict.
  • an accused of a criminal offense has the right to a defense attorney and defense in the pre-trial procedure and in all stages of the criminal proceedings and trial in court.

 

Legal instruction on the right to defense and a defense attorney

Law enforcement agencies, such as the police and the court, must expressly instruct the suspect or accused about the right to defense and a defense attorney, and allow him to secure a defense attorney within a reasonable time, or provide one for him. 

The accused must be told at the first interrogation what act he is accused of and what is the basis for the accusation. He must be given the opportunity to comment on all the facts and evidence against him, and to state all the facts and evidence in his favor.

The accused is not obliged to defend himself and answer questions, but if he does defend himself, he is not obliged to testify against himself or his relatives or admit guilt.

Violation of this right constitutes an absolutely essential violation of the provisions of criminal (and misdemeanor) procedure, due to which the procedure (and issued decision) is unlawful.

The accused and the defense attorney (lawyer) have the right to be present at all procedural acts. The defense attorney has the right to be present at every interrogation of the suspect at the police, the accused and witnesses in the investigation, the detention hearing with the investigating judge and other investigative acts, hearings for the main hearing, inspections, reconstructions, etc.

Mandatory defense with a defense attorney

The Criminal Procedure Act stipulates when the defense of the accused with a defense attorney is mandatory, for example:

  • if he is unable to defend himself successfully (e.g., mute, deaf),
  • if criminal proceedings are initiated against him for a criminal offense for which the law prescribes a sentence of thirty years' imprisonment or life imprisonment,
  • if he is brought before an investigative judge and for as long as detention lasts,
  • upon service of the indictment for a criminal offense for which a penalty of eight years' imprisonment or a more severe penalty is prescribed.

 

Appointment of a Public Defender

If the defendant in cases of mandatory defense does not engage an attorney, the presiding judge assigns a public defender for the further course of the criminal proceeding until the judgment becomes final.

If a public defender is appointed to the defendant after the filing of the indictment, this is communicated to him at the time the indictment is served.

If the defendant remains without a defender in the case of mandatory defense, and does not engage another attorney himself, the presiding judge of the court conducting the procedure appoints a public defender ex officio. Only a lawyer can be appointed as a defender.

Attorney Based on the Decision for Free Legal Aid

In cases where defense by a lawyer is not mandatory but necessary, and the defendant does not have sufficient means for defense, he can ask the court for a lawyer.

He does this by filing a request for approval of free legal aid in the specific criminal procedure to the competent district court, the Service for Free Legal Aid.

 

Attorney Jurij Kutnjak offers you comprehensive legal aid in relation to criminal and misdemeanor proceedings, from the pre-criminal proceedings to the procedure with regular and extraordinary legal remedies, for clients throughout Slovenia.

To reserve an appointment regarding a criminal or misdemeanor procedure, call Attorney Jurij Kutnjak during business hours at the phone number 00 386/2/25-23-780 or write an e-mail to info@odvetnik-kutnjak.si.

Legal documents

power of attorney
registration of a property law claim
request for judicial protection
objection against payment order
written statement about the offense

Legislation:

 

Judicial Practice:

Personal data protection Cookie policy Legal notice

All rights reserved © 2025 Odvetnik Kutnjak.

web-dev-logoWeb design: Carpediem d.o.o.
Back to top