Defence
Formal defense - a defendant's right to have defense counsel and consult with him
x
Material defense - the right to defend himself

Defender in criminal proceeding
- who is it?
- only lawyer - graduate of the Faculty of Law (5y)
                       - 3 years practice in advocate office (as a                         clerk)
                       - advocate exam
- Czech barr assotiation
- Advocate – self-employed (bussinesman)
                   - or emloyed advocate

Defender
- advocate can be represent by clerk
(not complicated things, not about offence where bottom limit of punishment is more than 5y)
- or by another advocate
Elected advocate  x   appointed advocate  x
destinated                                                                              by CBA

Appointed advocate
§ 36 Criminal Procedure Code
-Young oiffender (15 – 18 y old)
-Offender who is in prison, cutody etc.
-Runaway offender
-Serious crime (imprisonment for longer than 5 years)
-Can´t read, write… defend himself
-Etc.
-

When can´t represent
a) lawyer, against whom the criminal prosecution is also in the same case (the accused = advocate)
b) lawyer who would be a witness in that case, is interested party or served an expert report or is
active as a translator
c) has a conflict of interest
 - will be barred from defending

Defence
lMore than one defenders for one acused person
lMore acused can have one defender (have to be the same aim, not conflict of interests between
them)
lgown

Gown
.


The rights and duties of an advocate
l § 41TŘ
lAlways, however, so as to not worsen the situation of the client
lbound by the instructions of the client
ladvocate position is not the same as the accused
lThe obligation of confidentiality
      /have also employee of advocate/

The rights and duties of an advocate
Obliged to provide the necessary legal assistance to the accused and effectively defend him/her
Can for client submit an application and use remedies, can inspect files  and participate in
investigations
Can ask question  to witnesses
Right to „closing speech“  and acused person has the right to „last word“

Elected defender
lPower of attorney
lMore than one (depends of money :-) )
Can be elected by legal representative, relative in the direct line of descent, sibling, adoptive
parent, adoptive child, spouse, partner...
Elected  defender has priority over appointed defender

Destinated defender
The Criminal Procedure Code does not recognize this term
lIn fact is it representation by power of attorney
lAsk CBA for defender if no one want to represent him/her and CBA destinate advocate to help
him/her

Appointed defender
l § 36, 36a  TŘ
lnecessary defence for:
lalways for young offender
lis limited to personal liberty (custody, in prison...)
lis incompetent
lrunaway
lserious offence HL of punishment more than 5y
letc.
lpaid by state, secondary by accused person