Published March 12, 2024 | Version v1
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THE RIGHT TO DEFENSE IN CRIMINAL PROCEEDINGS OF THE FEDERAL REPUBLIC OF GERMANY AND UKRAINE

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The article analyzes the basic principle of criminal justice, the right to defense in criminal procedure of Ukraine and the Federal Republic of Germany. It has been established that every suspect (accused) of committing a criminal offense has the right to defense, which is connected with the formal initiation of criminal proceedings, or notification to a person of suspicion (indictment) of committing a criminal offense and acquiring the status of a suspect (accused). The guarantee of ensuring the right to defense is the right of a person to defend himself with the help of a professional defense attorney. A comparative analysis of the legislation of Ukraine and the legislation of the Federal Republic of Germany regarding a person's access to legal help was carried out. The main problematic issues regarding the participation of a defense attorney in criminal proceedings are highlighted.

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Sciences of Europe No 136 (2024)-44-48.pdf

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