In addition to the rights of individuals in investigations, persons accused of a crime are entitled to procedural protections applicable to a trial. These usually include:
- The 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 low income, especially if charged with an offence that is serious and might entail severe punishment. The accused 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.
- The right against self-incrimination. The burden of proof in criminal cases is on the prosecution. The accused do not have to supply 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. This deters the use of torture or other means to coerce confessions from the accused.
- The right to information. Accused persons have the right to know what charges have been made against them, to confront the witnesses testifying against them and to have access to the evidence collected against them.
- The 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.
- The 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.
- The right of appeal if the applicable procedural rights were not respected.
