OSNOVNI PRINCIPI ZAŠTITE PRAVA NA BRANIOCA U KRIVIČNOM POSTUPKU KAO LjUDSKOG PRAVA

Abstract

In the paper, the author examines the issue of the defendant's position in criminal proceedings and his right to a defense attorney and the establishment of basic principles of protection of the same as a human right. In this regard, the author discusses several legal regulations that have been in force in the last hundred years, and explains the basic principles of the position of the main party in criminal proceedings and the right to a defense attorney, taking into account both adults and minors. From a historical point of view, the Serbian legislator fundamentally distinguished the general position of adult and minor defendants in the observed period, with the fact that their position varied. At the same time, the European Court of Human Rights in its long-term practice has established and continues to establish standards followed by national courts. Without analyzing the practice in this paper, the author concludes that, viewed from the aspect of law and human rights, the legislator through criminal procedure laws mainly protected the human rights of the defendant in this regard, although before the XXI century he did not even follow the standards established by the European Convention for the Protection of Human Rights.