Importance of defence counsel's presence in the interrogation of a suspect in a criminal procedure

Abstract

Particularly sensitive position of the suspect on the one hand, and the main task of criminal procedure embodied in comprehensive clarification and resolution of criminal matters on the other hand, motivated the legislator to provide special rules for questioning the suspect closely related to his special rights in criminal proceedings, of which the most important is the right to access counsel. In the following article, the author will first refer to the European standards of protection of the right to access defence counsel during the hearing of adult suspects, paying special attention to the European Court of Human Right case law and Directive 2013/48/EU, considering that Serbia has signed European Convention for the Protection of Human Rights and Fundamental Freedoms and aspires to become a member state of the European Union. In the end, the author will review relevant provisions of national legislation primarily contained in the Criminal Procedure Code, point out possible shortcomings and propose changes to ensure more efficient exercise of the right of access defence counsel to suspects.