The violation of the right to legal representation in detention orders during investigation

Abstract

The subject of the article is the violation of the right to legal representation stemming from detention orders during an investigation. Based on the initial hypothesis, the author attempts to elucidate a different legal stance from the one that has arisen from domestic legal practice in relation to the right to legal representation pertaining to detention orders during an investigation in criminal cases. Also, it is important to emphasize that the article addresses all the elements of the right to legal representation, which, in their totality, represent the application of the right to due process, but at the same time, in addition to the theoretical understanding of the subject addressed in the article, the primary goal was to provide a solution to a practical issue that is often dealt with in a manner opposite from the one that is taken as the hypothesis of this article. The article employs a normative and comparative legal analysis of the relevant provisions of the domestic and international legal acts, the methods of document analysis, case studies, as well as mid-range methods such as sampling and surveying in the form of an interview or questionnaire. The results show that the right to legal representation is a multi-layered right of the defendant and their attorney. On the other hand, the author concludes that certain solutions of domestic legal authorities are in contradiction to the solutions of the European Court of Human Rights and the normative solutions of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Finally, the author argues that the legal issue of court practice analyzed in this article should be solved in a manner that is different from the current prevailing position of domestic courts.