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FAQ

When does the defendant need a lawyer (defender) in criminal proceedings?

One needs to distinguish between criminal proceedings in which defense by a lawyer is mandatory (e.g., for more serious crimes, deprivation of liberty, detention matters, etc.) and proceedings where defense is not mandatory, and the defendant can defend himself, but it is necessary due to the complexity of the case.

Given that the defendant will have difficulty asserting his rights and interests in complex matters on his own, it is highly recommended to authorize a lawyer for defense. If the defendant lacks the means for a lawyer, he can request the court for free legal aid.

The police stopped me with the vehicle on suspicion of committing a traffic violation. Can a lawyer help me reduce the fine imposed for the traffic violation?

In the case of misdemeanors, defense by a lawyer is usually not mandatory.

In misdemeanor proceedings, the offender can defend himself, but a misdemeanor case can also be legally and factually complex. Especially in traffic violations, the court will often determine the factual state with the help of a traffic expert. It will be necessary to comment on the expert's opinion, possibly provide remarks, suggest supplementation or another expert, etc., all of which are procedural tasks that the offender will have difficulty performing on his own.

For successful and effective realization of procedural rights, with the aim to achieve a lower penalty or even acquittal, the defense by a lawyer is thus inevitable.

In the event of an acquittal, the court, or the state, is obliged to reimburse the offender or the defendant in the criminal proceedings for the costs incurred with the process, including representation or defense costs by a lawyer.

For which criminal acts can a lawyer defend me in criminal proceedings?

A lawyer for criminal law can defend accused individuals in all criminal proceedings and also in all misdemeanor proceedings.

This means in criminal proceedings for any crime or misdemeanor, in all stages of the proceedings from the beginning of the pre-trial proceedings at the police, during the investigation and main trial, to the procedure with regular (appeal) and extraordinary legal remedies (e.g., request for legality protection), furthermore also in proceedings before the Constitutional Court of the Republic of Slovenia and international courts.

A criminal lawyer can represent a party or defendant in filing a criminal complaint or proposal for prosecution, objection against the indictment, and e.g., procedures related to the execution of a criminal sanction in filing a proposal for an alternative form of serving a prison sentence (e.g., for so-called "weekend prison"), proposal for conditional release from serving a sentence, and can also represent the party in a civil procedure for the confiscation of illegally obtained assets.

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.

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power of attorney
registration of a property law claim
request for judicial protection
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