Everyone accused of a crime has the right to defense. According to the Supreme Court, the right to defense; it expresses the rights such as self-defense before the judicial bodies, benefiting from the assistance of a lawyer, asking questions, keeping silent, not participating in the procedure against you, benefiting from an interpreter, requesting the gathering of evidence, being present at the hearing, applying for a remedy.
Anyone accused of an offense has the following minimum rights in the context of the right to defense:
To be informed about the nature and reason of the accusation against him as soon as possible, in a language he understands and in detail;
Having the necessary time and facilities to prepare his defense;
To defend himself in person or to benefit from the assistance of a Defense Lawyer in Calgary of his choice; to be able to benefit from the assistance of a lawyer to be appointed ex officious if it lacks the financial means necessary to hire a lawyer and is deemed necessary for the fulfillment of justice;
To question or have the witnesses questioned or to request that defense witnesses be invited and rested under the same conditions as the alleged witnesses;
Get free assistance from an interpreter if he does not understand or speak the language used in court.
Scope of the Defendant's Right to Defense
The broad concept of “right to defense” concerns the suspect and the accused, as well as any individual living in the society, which may one day fall into a suspect or accused state, and therefore the state, which has the obligation to provide justice.
The purpose of the criminal procedure ensures that the judgment, which is the result of the trial and consists of the evaluation of the claim and defense, is correct.
In this respect, the right to defense, which should be evaluated with a wide perspective, defending itself before the judicial authorities, benefiting from advocacy assistance, silence, asking questions includes rights such as not participating in the proceedings against you, making use of an interpreter, requesting the gathering of the evidence, being present at the hearing, taking the legal action.
The fact that the accused is present at the hearing is an obligation, but primarily a right for him and this right constitutes one of the basic elements of the right to a fair trial by the Defense Lawyers. Accordingly, one of the most important rights of the accused in criminal procedure is the right of defense, which must be taken into consideration by the judicial authorities at every stage.
The query, which forms the basis of the right to defense, is not only a provision brought in favour of the accused but also a mandatory procedural rule with a public nature in order to reach material truth.
Although it is the principle that the right to defense cannot be limited, it is also a fact that the legislator went to some restrictions in order not to cause another victimization, to prevent the prolongation of the trial, and to not cause procedural economy, unnecessary labour and loss of expenses.