The role of defence counsel in Serbian criminal procedure code : the norm and practice

Abstract

The defendant’s right to a defence counsel in criminal proceedings is one of the fundamental rights guaranteed by numerous national and international legal instruments. However, the guarantee of a certain right does not automatically imply the immutability of the position of a particular subject in the criminal proceedings. Extensive reforms of criminal procedural systems, such as those undertaken by Serbia a few years ago, necessarily entail changes in the rights and duties of the participants in the criminal proceeding. The authors discuss the position of defence counsel in criminal proceedings, whereby, after the introductory remarks, they explain the role of the defence counsel in the prosecutorial investigation system in the Republic of Serbia, followed by the explanation of the results of empirical research carried out among the defence attorneys, which showed the extent to which lawyers use the new solutions of the Criminal Procedure Code.