| Article | Participation of an Accused in Proceedings: Right or Obligation |
|---|---|
| Authors |
Yanovska O.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 7 / 2015 |
| Pages | 26 - 33 |
| Annotation | The article studies the problematic aspects of providing personal participation of an accused in proceedings. The author notes that one of the constituent elements of the right to defense is the right of an accused person to participate in criminal proceedings. At the same time, the article says that the accused may voluntarily refrain from exercising his right to be present at court hearings, but such waiver have been accompanied by the guarantees of relevant importance of this decision and should not be in conflict with the public interest. The author concludes that the failure to take into account the position of the accused by the court regarding his personal participation in court proceedings that resulted in violation of the reasonable time of the trial against him, will directly indicate a breach of Article 6 of the European Convention. |
| Keywords | an accused, the right to defense, proceedings, reasonable time, direct participation of an accused. |
| References | |
| Electronic version | Download |