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International projects source: SICRIS

The effectiveness of the suspected or accused of a crime persons right of defence (to be defended with the help of a professional lawyer)

Research activity

Code Science Field Subfield
5.07.00  Social sciences  Criminology and social work   
Keywords
Suspected or accused of a crime persons, Legal defence, Vulnerable groups, Gender equality and nondiscrimination, Fair trial guarantees
Organisations (1) , Researchers (3)
0504  Institute of Criminology at the Faculty of Law
no. Code Name and surname Research area Role Period No. of publicationsNo. of publications
1.  53535  PhD Lora Briški  Law  Head  2025 - 2026  108 
2.  36378  PhD Miha Hafner  Law  Researcher  2025 - 2026  135 
3.  61924  Helena Smrekar  Law  Researcher  2026 
Abstract
The right to legal defence is a fundamental safeguard in criminal proceedings, yet significant gaps remain in its practical application, particularly for vulnerable groups. Despite EU Directives enshrining these rights, challenges persist in ensuring timely, effective, and equitable access to legal counsel, especially for individuals in pre-trial detention, minors, migrants, refugees, and persons with disabilities. This project aims to address these gaps by conducting a comprehensive analysis of how the right to defence is implemented across the EU, focusing on the role of defence counsel and its effectiveness in ensuring fair trial guarantees. Through a comparative legal analysis, case studies, surveys, and interviews with key stakeholders, the project will assess the barriers to effective legal representation and identify specific needs, with particular attention to gender equality and non-discrimination. The research will establish criteria for evaluating legal defence, identify critical procedural stages where legal assistance is most needed, and explore the role of defence lawyers in supporting vulnerable suspects. By focusing on both the legal framework and institutional conditions of defence counsel, this project will produce actionable insights and policy recommendations to strengthen the right to defence across Member States. Ultimately, it seeks to bridge the gap between legal rights and practice, ensuring that all individuals, regardless of their background or status, can access effective legal counsel and a fair trial.
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