{"title":"Access to a Lawyer for Suspects at the Police Station and During Detention Proceedings","authors":"Tymon Markiewicz","doi":"10.31743/recl.7079","DOIUrl":null,"url":null,"abstract":"Directive 2013/48/EU of the European Parliament and of the Council of 2 October 2013 on the right of access to a lawyer lays down minimum standards concerning access to a lawyer for suspects and the accused in criminal proceedings, as well as persons subject to the European arrest warrant proceedings. The present article focuses on the subject of access to a lawyer at the earliest stage of criminal proceedings – in connection with arrest as well as during proceedings concerning the use of pre-trial detention. The author analyzes in sequence: subjective scope of the right to a lawyer, the right to a lawyer for the person deprived of liberty, confidentiality of communications between the person deprived of liberty and their lawyer. The main statement is that Poland does not meet these standards.","PeriodicalId":20823,"journal":{"name":"Recueil des Travaux Chimiques des Pays-Bas","volume":"17 1","pages":"129-151"},"PeriodicalIF":0.0000,"publicationDate":"2020-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Recueil des Travaux Chimiques des Pays-Bas","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.31743/recl.7079","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
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Abstract
Directive 2013/48/EU of the European Parliament and of the Council of 2 October 2013 on the right of access to a lawyer lays down minimum standards concerning access to a lawyer for suspects and the accused in criminal proceedings, as well as persons subject to the European arrest warrant proceedings. The present article focuses on the subject of access to a lawyer at the earliest stage of criminal proceedings – in connection with arrest as well as during proceedings concerning the use of pre-trial detention. The author analyzes in sequence: subjective scope of the right to a lawyer, the right to a lawyer for the person deprived of liberty, confidentiality of communications between the person deprived of liberty and their lawyer. The main statement is that Poland does not meet these standards.
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