TY - JOUR
TI - The right to the assistance of the defense counsel in the light of the European Court of Human Rights case law
AU - Zagrodnik, Jarosław
TI - The right to the assistance of the defense counsel in the light of the European Court of Human Rights case law
AB - 
	The article analyzes the standard of the accused’s right to enjoy professional legal assistance as developed in the case law of the European Court of Human Rights. Its purpose is to illustrate the Court’s broad understanding of this right, which is supported not only by its essential substantive components but also in its connection to the principle of a fair trial. It highlights the subjective and objective scopes of the accused’s right to the assistance of the defense counsel as well as the question of the waiver of this right, the prerequisites for appointment of the public defender, and the criteria for the implementation of the guarantee standard arising from this right. In the conclusion, the author presents several reflections resulting from the juxtaposition of the “conventional” standard of the right to the assistance of the defense counsel with its implementation in the Polish legal order.
VL - 2022
IS - 2 (31)
PY - 2022
SN - 2392-1943
C1 - 2720-3670
SP - 181
EP - 198
DO - 10.4467/23921943RP.22.026.16889
UR - https://ejournals.eu/en/journal/radca-prawny/article/prawo-do-korzystania-z-pomocy-obroncy-w-swietle-orzecznictwa-europejskiego-trybunalu-praw-czlowieka
KW - right to the assistance of the defense counsel; right to defense; the accused’s right
KW - the principle of a fair trial
KW - European Court of Human Rights