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Encyclopaedia   Electoral Integrity   Enforcement of Electoral Integrity   Prosecution and Judicial Proceedings  
Rights of the Accused

In addition to the rights of individuals in investigations, persons accused of a crime are entitled to procedural protections applicable in a trial. These usually include:

  • Right to counsel. In criminal cases, the accused have a right to a competent lawyer. Some countries’ legal systems require a lawyer to be provided for defendants with limited financial resources, especially if they are charged with an offence that is serious and might entail severe punishment. The accused usually have the right to confer with their attorney before a police interrogation, during the trial and at any critical stage in the proceedings, such as a preliminary hearing, lineup or appeal. The accused may waive their right to counsel provided they recognize the consequences of this action.
  • Right against self-incrimination. The burden of proof in criminal cases is on the prosecution. Accused persons are not required the police or prosecution with any evidence that could be used against them. The right against self-incrimination protects defendants from being forced to reveal incriminating facts. It also deters the use of torture or other means to coerce confessions from the accused.
  • Right to information. Accused persons have the right to know what charges have been made against them, to be present when witnesses are testifying against them in court, and to have access to the evidence collected against them.
  • Right to a speedy and public trial with an impartial judge or jury, in the area where the crime was committed. Along with this, the accused must have enough time to prepare a defence. Sometimes the location (venue) of a trial is shifted for good cause, such as security or potential influence of public sentiment.
  • Right to present a defence. The accused must have the opportunity to present facts and evidence, and to cross-examine prosecution witnesses during a trial. The accused also have the right to call independent expert witnesses.
  • Right of appeal if the applicable procedural protections were not respected.