Journey through criminal proceedings - what should you know about criminal proceedings?
Author of the article: Mgr. Oliver Uraz, LL.M., ARROWS (office@arws.cz, +420 245 007 740)
Criminal proceedings are a complex process that can have a profound impact on everyone's life. It is important to understand not only its stages, but also your own rights and obligations under it. Knowing these aspects can be crucial to effectively defending and protecting your rights.
Preliminary proceedings - giving an explanation and questioning the accused
In preparatory proceedings, the giving of an explanation plays a key role. It is the first opportunity for someone suspected of committing a crime to express his or her suspicions. According to Section 158 of the Criminal Procedure Code, the person who is invited to give an explanation has the right to give it, but also to choose what to say. It is important to bear in mind that any information you provide may - at least for the purposes of prosecution - be used against you. It is therefore essential to prepare well for this situation. If you choose not to give an explanation, this may have consequences when the police later consider whether to prosecute, so it is important to think about what information you give.
Another important step in the preliminary proceedings, if a prosecution is initiated, is to interview the accused. According to Section 165 of the Criminal Procedure Code, you have the right to be questioned in the presence of your defence lawyer, whose presence is almost a necessity for your security even in cases where, formally speaking, the defence by a professional defence lawyer is not prescribed by law. Although it may not be at all clear from the confusing jumble of different legal instructions that the investigator puts before you, you can ultimately choose to give your testimony orally or in writing. In some situations, it may be strategic to choose not to testify or to limit yourself to a written statement, or to consider which persons' questions are appropriate to answer or not. Knowing your rights and understanding them carefully, in collaboration with your attorney, will allow you to better navigate the process and choose an appropriate strategy that can have a significant impact on the outcome of your case.
The main trial - the process and the defendant's rights
Once you get to the main trial in your case, it is important to know what procedural steps are involved. The court is obliged to ensure that all the defendant's rights are respected, including the presence of a lawyer, as stated in the Criminal Procedure Code. During this phase, evidence is taken, including witness statements, so it is important to be prepared for any questions that not only your lawyer, but also you personally, have the right to ask the witnesses. It can often be strategic to divide these roles in advance according to the focus of the line of questioning.
The next crucial step is questioning the defendant. This questioning is not only a basic duty but also a basic right of the defendant, so it must (almost) always be repeated, even if it has already taken place during the course of the police investigation. During the interrogation, you are also free to choose to whom you will answer additional questions, for example, only questions from your defence lawyer. This right is set out in the Criminal Procedure Code , which emphasises your ability to respond to questions from persons of your choice or to refuse to answer even an individual question. If you choose to use spontaneous, non-questioned testimony (i.e., refusing to answer the questions of all other persons who are otherwise entitled to this right), it may be useful in presenting your version of events without coercion from the questioners. Similarly, this approach can be combined with reserving answers only to questions from your attorney, who, in the event that something important is omitted from the spontaneous statement, will give you the opportunity to supplement it with an appropriate question.
Finally, the choice of whether or not to testify is crucial. In making the decision, it is a good idea to consider what documentary evidence will be presented and what can be expected to emerge from the testimony of other persons, sometimes based on how they have already testified in the pre-trial proceedings. In some cases, it may be advantageous to adopt a strategy of not commenting on certain aspects of the allegations, which may strengthen your position. Your decision should be based on a careful analysis of the situation with your defence lawyer to ensure that you make the best possible statement at the main trial.
Why is it important to have good legal support during criminal proceedings?
A summary of the key aspects of the trial process shows how important it is to have good quality legal advice and advocacy. Effectively exercising your rights requires individual attention and preparation. Remember that criminal proceedings are a complex process and knowing your rights can help you better navigate and protect yourself.
What is the best way to prepare for the different stages of criminal proceedings?
Preparation for the different stages of the proceedings is essential. Here are some basic tips:
- Know your rights and responsibilities - knowing what you can and should say is key.
- Communicate with your defence lawyer - give them all the relevant information and ask questions about anything you are not clear about.
- Be prepared for questions - think about possible questions and prepare answers.