Criminalisation of violation of the right to defence as a remedy for its enforcement (national legislative experience)

Abstract

The opportunity of admission of the right to defence as an independent object of criminal law protection is analysed in this article. Such opportunity has been considered with the reference to the procedural, constitutional, international law and European aspects of the value of this right. The system-structural, dialectical and comparative methods, as well as the axiological (value) approach were chosen as a methodology for the implementation of the research task. The potential models of criminalisation of violation of the right to defence have been identified as a result.

Keywords

• right to defence
• prosecution
• criminal law
• criminal liability
• constitutional principles of criminal procedure
• European legal values