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We exploit a dataset of criminal trials in 19th century London to evaluate the impact of an accused's right to counsel on convictions. While lower‐level crimes had an established history of professional representation prior to 1836, individuals accused of committing a felony did not, despite the prosecution being conducted by professional attorneys. The Prisoners' Counsel Act 1836 remedied this and first introduced the right to counsel in common law systems. Using a difference‐in‐differences estimation strategy, we identify the effect of the universal right to defence counsel. We find the surprising result that the professionalization of the courtroom led to an increase in the conviction rate. We argue that this effect was a consequence of the Act inducing a shift in the beliefs of jurors, who grew more likely to believe the evidence put before them once it could be challenged in an adversarial courtroom. We go further, and employ a topic modelling approach to the text of the transcripts to provide suggestive evidence on how the trials changed when the right to defence counsel was fully introduced, documenting a movement towards increased usage of precise and detailed language when discussing details of alleged offences. [ABSTRACT FROM AUTHOR]

Adil yargılanma hakkı, suç isnadı altındaki kişiye ceza muhakemesinde tanınan önemli bir haktır. Taraf olduğumuz Avrupa İnsan Hakları Sözleşmesi’nin 6’ncı maddesinde düzenlenen bu hak, ulusal hukukumuzda da Türkiye Cumhuriyeti Anayasası’nın 36’ncı maddesinde açıkça tanınmıştır. Adil yargılanma hakkı, alt unsur olarak çeşitli hak ve ilkeler içeren karma bir yapıya sahiptir. Alt unsurlarından çelişmeli yargılama ve silahların eşitliği ilkeleri önemli bir yere sahip olup yine adil yargılama hakkı kapsamındaki savunma ve müdafiden yararlanma haklarıyla yakından ilişkilidir. Çünkü adil bir ceza yargılaması için ceza muhakemesi sürecinde riayet edilmesi gereken ilkelerden olan çelişmeli yargılama ve silahların eşitliğinin gerçekleşmesinde, savunma ve müdafiden yararlanma hakları kritik bir konuma sahiptir. Öyle ki, anılan hak ve ilkeler birlikte adil yargılanma hakkının temelini oluşturmaktadırlar. Bu doğrultudaki önemlerine istinaden, çalışmada, ceza muhakemesinde adil bir yargılamanın gerçekleştirilmesinde çelişmeli yargılama ve silahların eşitliği ilkeleri bakımından müdafiin önemi incelenmiştir.

Based on the analysis of theoretical approaches to the essence of the institute of detention of a person, the article substantiates the position that detention is a procedural action which has a temporary restrictive nature of the rights of a person who was detained during the commission or attempted commission of a criminal offence, immediately after the commission of a criminal offence or during the continuous prosecution of a person suspected of a criminal offence, and which aims to ensure further pre-trial investigation, clarification of the circumstances of the event which occurred. Based on the generalisation of the provisions of international legal acts and taking into account the case law of the European Court of Human Rights, the author defines the standards for providing legal aid to a person detained on suspicion of committing a criminal offence. It is established that the special international standards, compliance with which is crucial for ensuring the rights of a detainee and which also guarantee the effectiveness of legal aid received by a detainee, include 1) the principle of confidentiality in the course of communication between a detainee and a defence lawyer; 2) the principle of verification of the legality of detention without delay; 3) the principle of appealing against the failure to ensure the rights of a detainee or their violation; 4) the principle of independent and free choice of one's legal position. The following are proposed to be the sectoral international standards, compliance with which is crucial for ensuring the rights of a detainee, and which also guarantee the effectiveness of legal aid received by a detainee 1) the principle of confidentiality in the course of a detainee’s communication with a defence lawyer; 2) the principle of verification of the legality of detention without delay; 3) the principle of appealing against the failure to ensure the detainee’s rights or their violation; 4) the principle of independent and free choice of one’s legal position. The emphasis is placed on the fact that the prospects for further research should be to determine the legal mechanisms for implementing the outlined standards into the national practice of law enforcement and judicial authorities.

The history of the adversarial criminal trial and legal aid has received significant attention in the context of North America and Europe. This article shifts focus to South Asia, to examine the early debates that developed around access to legal representation under colonial rule, with particular attention paid to capital trials. As the article demonstrates, demands for greater state assistance for poor defendants were made in response to a range of connected factors. These included the very large number of colonial subjects being sentenced to death in India, the passing of the Poor Prisoners' Defence Act of 1903 in England, and the growing attention paid to wrong verdicts and criminal injustice by Indian newspapers, legal commentators and nationalist politicians. In tracking this history across the late nineteenth and early twentieth centuries, I suggest that the reluctance of the colonial state to invest in legal aid schemes, alongside the wider culture of under-investment in the bureaucracy of colonial justice, were important contributing factors that help explain both the scale and application of state violence under colonial rule. [ABSTRACT FROM AUTHOR]

Based on the analysis of the criminal procedure legislation and generalisation of theoretical developments, the article identifies some peculiarities of legal regulation of the institute of special criminal proceedings (in absentia). The author identifies the categories of cases (types of criminal offences) and procedural grounds which are sufficient to initiate a pre-trial investigation in the form of special criminal proceedings. The need to exclude certain articles from the list of those listed in part 2 of Article 297-1 of the CPC of Ukraine in order to bring them in line with the provisions of the Criminal Code of Ukraine is emphasised. The peculiarities of defence counsel’s participation in special pre-trial investigation and court proceedings are analysed. It is determined that a defence counsel in such cases benefits from all the rights guaranteed to a suspect or an accused person in criminal proceedings. In view of this, and in the context of ensuring such fundamental principles of criminal proceedings as the right to defence, adversarial proceedings, observance of human rights and freedoms, access to justice, etc., the author emphasises the need to amend the current criminal procedure legislation to ensure that the defence counsel can appeal against the investigating judge's decision to conduct a special pre-trial investigation The problematic issues of defence counsel's participation are characterised, and the inadmissibility of his/her formal participation in criminal proceedings is emphasised. It is determined that the active actions to be taken by the defence counsel involved include familiarisation with the case file, choosing the defence position, participation in the trial and examination of evidence, participation in the debates, etc. The author emphasises the need for further research on the development of the practice of active participation of defence counsel in special criminal proceedings.

The article is devoted to identifying topical issues of collecting evidence by a defence counsel by requesting things, information and documents from various subjects. The article notes that in modern legal practice, the issue of requesting things, information and documents from various subjects is of particular relevance, since it affects not only the success of the evidence base, but also the observance of the principle of equality of parties in criminal proceedings. The article examines: the content of the request under Part 3 of Article 93 of the Criminal Procedure Code of Ukraine; common and distinctive features between the request under Part 3 of Article 93 of the Criminal Procedure Code of Ukraine and temporary access to things and documents; forms of request for the provision of things, documents or information. It is proved that the assessment of evidence by a defence counsel in accordance with the requirements of criminal procedure law is a false statement. The author highlights the basics of forensic support for evidence and its component - evidence collection. The author describes the preparatory, working and final stages of the discovery process in accordance with Part 3 of Article 93 of the Criminal Procedure Code of Ukraine. It is shown that technical and forensic support for the formation of requests or appeals in accordance with Part 3 of Article 93 of the Criminal Procedure Code of Ukraine is manifested in the fact that the defence counsel actively uses such technical means as a laptop, computer, mobile phone, and the global Internet. It is found that defence counsels form requests or appeals for the purpose of reclaiming things, documents and their copies in the following ways 1) exclusively in the form of an attorney's request pursuant to Article 24 of the Law of Ukraine "On the Bar and Practice of Law"; 2) exclusively by referring to Article 93(3) of the Criminal Procedure Code of Ukraine; 3) by referring to both Article 93(3) of the Criminal Procedure Code of Ukraine and Article 24 of the Law of Ukraine "On the Bar and Practice of Law" in one request or appeal; 4) depending on the situation and tactics of actions, all three previously mentioned methods are used. In particular, the author comes to the conclusion that the defence counsel's discovery of things, information and documents from various subjects includes both criminal procedure and forensic components. This procedural action consists of the following stages: preparatory, working, and final. All these stages are accompanied by technical and tactical forensic support. [ABSTRACT FROM AUTHOR]

The text analyses normative solutions concerning the right to defence in Polish proceedings in cases of offences. It discusses the formation of selected elements of the right to defence, from the pre-war solutions to modern times. The author highlights the autonomy of the solutions in force in the 2001 Code of Proceedings in Misdemeanour Cases, and their similarities to the right to defence in criminal cases, constituting the most comprehensive model of this right. [ABSTRACT FROM AUTHOR]

The text is an analysis of the normative solutions concerning the right to defence in Polish proceedings in cases of offences. It discusses the formation of selected elements of the right to defence, starting from the pre-war solutions until modern times. The author points out the autonomy of the solutions in force in the 2001 Code of Proceedings in Misdemeanour Cases, but also their similarities to the right to defence in criminal cases, which constitutes the most comprehensive model of this right. [ABSTRACT FROM AUTHOR]

The relevance of the study of the legislation regulating advocacy in Kyrgyz Republic is related to the constantly changing environment, new requirements for justice and access to legal aid, as well as the need to meet international standards and improve law enforcement practice in the country. The purpose of this study was to examine the problematic aspects of the functioning of advocacy in Kyrgyz Republic and to identify promising solutions to improve it. The methods of statistical analysis, analogy, and generalisation, as well as formal legal and formal logical approaches were employed in this study. The study covered the features of the evolution in the regulation of advocacy in Kyrgyz Republic, as well as the problems inherent in the current stage of its functioning. It was summarised that modern legal regulation mechanisms in Kyrgyz Republic ensure the stable work of lawyers and protect their independence and effectiveness. [ABSTRACT FROM AUTHOR]

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The article deals with the right to defence in criminal proceedings in accordance with international law norms. It is proved that ensuring the right to defence is one of the basic principles of criminal justice and is a prerequisite for the achievement of a fair trial. Particular attention is paid to the right to self-defence (defence in person), the right to defence through choosing legal assistance, the right to assigned legal assistance. Attention is drawn to the fact that the right to defence in the international human rights courts and the international criminal courts is based on the same principles, respectively its understanding is the same in these international courts.

Copyright of Law / Teise is the property of Vilnius University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The aim of this article is to present the legal solutions adopted in criminal proceedings during the COVID-19 pandemic and their impact on the implementation of the right to defence, focusing, in particular, on the relation between the accused and the defence counsel. During the pandemic, online trials and hearings became widespread and communication with the courts via email developed. Issues of confidentiality between the accused and his/her defence counsel, as well as access of the defence counsel to files, were analysed, particularly in cases related to pretrial detention. The new solutions have been evaluated, possibilities of their use after the end of the pandemic have been indicated and postulates as to the desired directions of changes have been formulated. The issues addressed are relevant today and extremely important in the sphere of public law, as criminal liability is proved during criminal proceedings. In general, it should be assessed positively that the COVID-19 pandemic has become an opportunity to introduce new legal solutions for the modernisation of criminal proceedings. However, some of these regulations do not fully meet the objectives set for them, hindering, through the adoption of specific solutions and practices, the proper implementation of certain key procedural principles, primarily the right to defence. [ABSTRACT FROM AUTHOR]