The right to a defence is a fundamental human right that provides many guarantees to defendants in criminal proceedings. These include the right to be present at trial, the right to provide evidence in defendant’s favour and the right to counsel. However, these rights are not absolute. A trial can also be held in the absence of the accused if the appropriate conditions are met. If the accused avoids attending the hearing, for example with intention to delay the proceedings, he risks that the hearing will take place in his absence and his right of defence will potentially be impaired as a consequence. However, when the accused is present at trial, he must be guaranteed effective participation in the proceedings in order to ensure that the right to be present is respected. This includes the right to propose evidence in his favour. Notwithstanding, the defence may be limited in this right by the preclusion of evidence and the prohibitions on the abuse of procedural rights, which is now incorporated into the preclusion system. The accused also has the right to defend himself in the proceedings with the help of a counsel of his own free choice or to defend himself alone. However, the defendant's defence counsel cannot be just anyone. The Criminal Procedure Act contains restrictions to ensure that defence attorneys perform their duties professionally. The right to freely choose a defence counsel is further limited by the rules of mandatory formal defence and the system of free legal aid. The role of defence attorneys in criminal proceedings is of paramount importance, as they ensure that the accused, as a layman in law, actually, and not only formally, has an equal position in the proceedings compared to the prosecutor. In their work, defence lawyers are bound by both the rules of law and the Attorneys’ Code of Professional Conduct.
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