As an accused in a criminal trial, you have the right to defend yourself during all stages of the criminal proceedings and the trial in court.
You have a right to defend yourself at all stages of criminal proceedings (pre-trial as well as in court). This means that you have the right to refuse a lawyer and use all the rights of defence on your own. If you are carrying out your own defence, you have to be given appropriate time and the facilities to prepare your defence.
example You have to be given access to the case file, reasonable time to prepare and the possibility to be present at the court hearing.
The fact that you have chosen to defend yourself does not mean that you will be given more beneficial treatment in court. It means that you will have the same obligation to comply with all time limits and submit all the documents required by the court as if you were being defended by a qualified lawyer.
Exceptions
However, your right to defend yourself is not absolute. In certain situations, if it is in the interests of delivering a fair and just judgment, the court must assign a mandatory lawyer for your defence. The presence of a lawyer is mandatory in:
- cases against a minor
- cases against a person in custody, serving a prison sentence, or under observation in a medical facility
- cases where the legal capacity of an accused person (capacity to use his/her procedural rights) is restricted
- cases against a fugitive
- situation when a public prosecutor or a police officer deems it necessary mainly if there is any doubt about his/her capacity to properly defend himself/herself
- proceedings for extradition to a foreign state
- proceedings when a decision is made on the imposition of protective treatment, with the exception of treatment for alcoholism or drug addiction
- proceedings regarding a particularly serious crime
An accused of a particularly serious crime may waive his/her right to the mandatory defence by an express declaration after the initial meeting with the defence lawyer.