Effective criminal defence in Europe / Ed Cape [and others].
2010
KJC9503 .E34 2010 (Map It)
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Title
Effective criminal defence in Europe / Ed Cape [and others].
Published
Antwerp ; Portland, Or. : Intersentia, [2010]
Copyright
©2010
Call Number
KJC9503 .E34 2010
ISBN
9789400000933 (pbk.)
9400000936 (pbk.)
9400000936 (pbk.)
Description
xxxi, 657 pages ; 24 cm.
System Control No.
(OCoLC)644652926
Bibliography, etc. Note
Includes bibliographical references.
Series
Available in Other Form
Online version: Effective criminal defence in Europe. Antwerp ; Portland, Or. : Intersentia, c2010 (OCoLC)763136057.
Record Appears in
Gift
Purchased from the income of the Rouse Fund
Added Author
Added Corporate Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Rouse Fund
Table of Contents
Preface and Acknowledgements
v
Table of Contents
ix
Biographies
xxiii
1.
Authors
xxiii
2.
Project Team Members
xxiv
3.
Authors and Reviewers Country Reports
xxvi
pt. I
EFFECTIVE CRIMINAL DEFENCE IN A EUROPEAN CONTEXT
1
ch. 1
Effective Criminal Defence and Fair Trial
3
1.
Introduction
3
2.
The human rights context
7
2.1.
The global context
7
2.2.
The EU and procedural rights in criminal proceedings
8
2.3.
The Lisbon Treaty
10
2.4.
The Court of Justice of the European Union and the ECHR
11
2.5.
New perspectives on enforcement mechanisms
12
3.
The research project
14
4.
Research methodology
17
5.
How to read the book
19
6.
Bibliography
19
ch. 2
The European Convention on Human Rights and the right to effective defence
23
1.
Introduction
23
1.1.
The defence rights addressed in this study
25
1.1.1.
Presumption of innocence, right to silence, equality of arms and adversarial trial
25
2.
Procedural rights relating to fair trial in general
26
2.1.
The right to be presumed innocent
27
2.2.
The right to silence including the prohibition of self-incrimination
28
2.3.
Bail or the right to be released pending trial
30
2.4.
Equality of arms and adversarial hearing
31
3.
The right to information
32
3.1.
The right to information about the nature and cause of the accusation
33
3.2.
Information on defence rights
34
3.3.
Information concerning material evidence available to the police or prosecutor, and access to the case file
34
4.
The right to defence
36
4.1.
Right to self-representation
36
4.2.
The right to legal advice and representation
38
4.3.
The point at which the right to legal assistance arises
38
4.4.
The choice, and free provision, of a lawyer for indigent suspects
40
4.5.
The right to private consultation with a lawyer
42
4.6.
The standards, role and independence of lawyers
43
5.
Rights that promote effective participation
44
5.1.
The right to investigate the case
44
5.2.
The right of a defendant to be tried in their presence and to participate in the process
45
5.3.
Adequate time and facilities for preparation of a defence
46
5.4.
Right to call and question witnesses, including experts
47
6.
Free interpretation and translation
49
7.
The right to reasoned decisions and appeal
50
7.1.
Reasoned decisions
50
7.2.
The right to appeal
52
8.
Conclusions
53
8.1.
The challenge of defining minimum standards
53
8.2.
Procedural rights relating to fair trial in general
54
8.2.1.
Presumption of innocence
54
8.2.2.
The right to remain silent
55
8.2.3.
The right to be released pending trial
55
8.2.4.
Equality of arms and adversarial hearing
56
8.3.
The right to information
56
8.3.1.
Information on the nature and cause of the accusation
56
8.3.2.
Information on defence rights
57
8.3.3.
The right to disclosure of material evidence and access to the file
57
8.4.
The right to defence and legal assistance
57
8.4.1.
The right to self-representation
57
8.4.2.
The right to legal advice and representation
58
8.4.3.
The choice and free provision of a lawyer for indigent suspects
58
8.4.4.
Private consulation with a lawyer
59
8.4.5.
Lawyer's standards, roles and independence
59
8.5.
Rights that promote effective participation
59
8.5.1.
The right to seek evidence and to investigate facts
59
8.5.2.
Presence at hearings
60
8.5.3.
Adequate time and facilities
60
8.5.4.
Question witnesses and experts
60
8.6.
Right to free interpretation and translation
60
8.7.
Right to reasoned decisions
62
8.8.
Right to appeal
62
9.
Bibliography
62
pt. II
NATIONAL APPROACHES TO EFFECTIVE CRIMINAL DEFENCE
65
ch. 3
Belgium
67
1.
Introduction
67
1.1.
Political context and background of the criminal justice system
67
1.2.
Main characteristics of criminal proceedings
68
1.2.1.
The investigation stage
68
1.2.2.
The trial stage
69
1.3.
Significant data
70
1.4.
Legal aid system
71
2.
Legal rights and their implementation
73
2.1.
The right to information
73
2.1.1.
The right to be informed of the nature and cause of the accusation
73
2.1.2.
The right of access to the file
76
2.1.3.
Information on rights (letter of rights)
77
2.2.
The right to defend oneself
78
2.2.1.
The right of a suspect/defendant to defend themselves
78
2.2.2.
The right to legal advice and/or representation
78
2.3.
Procedural rights
82
2.3.1.
The right to release from custody pending trial
82
2.3.2.
The right of a defendant to be tried in his/her presence
85
2.3.3.
The right to be presumed innocent
85
2.3.4.
The right to silence (including the prohibition of self-incrimination)
86
2.3.5.
The right to reasoned decisions
87
2.3.6.
The right to appeal
87
2.4.
Rights relating to effective defence
88
2.4.1.
The right to investigate the case
88
2.4.2.
The right to adequate time and facilities for the preparation of the defence
90
2.4.3.
The right to equality of arms in examining witnesses
92
2.4.4.
The right to free interpretation of documents and translation
93
3.
Professional culture of defence lawyers
95
3.1.
Introductory remarks
95
3.2.
Obstacles for criminal defence lawyers
96
3.3.
Perception of criminal defence lawyers
97
3.4.
Limitation of criminal defence work to specialized criminal defence lawyers
98
3.5.
Comments on the legal aid system in relation to criminal defence work
98
4.
Political commitment to effective criminal defence
99
4.1.
Public attitude
99
4.2.
The current political climate: shifting towards or moving away from fair trial rights?
100
5.
Conclusions
101
6.
Bibliography
102
7.
Annex
103
8.
Abbreviations
105
ch. 4
England and Wales
107
1.
Introduction
107
1.1.
Basic demographic information
107
1.2.
The nature of the criminal justice system
107
1.3.
The structure and processes of the criminal justice system
109
1.4.
Levels of crime and the prison population
114
1.5.
Legal aid for persons suspected or accused of crime
115
2.
Legal rights and their implementation
117
2.1.
The right to information
117
2.1.1.
Arrest
117
2.1.2.
Police interview
118
2.1.3.
Charge
119
2.1.4.
Pre-trial
119
2.2.
The right to defend oneself
122
2.2.1.
The right of a person to defend him/herself
122
2.2.2.
The right to legal advice at the investigative stage
122
2.2.3.
The right to legal representation at the trial stage
125
2.2.4.
Independence and competence of defence lawyers
129
2.3.
Procedural Rights
131
2.3.1.
The right to release from custody pending trial
131
2.3.2.
The right of a defendant to be tried in their presence
135
2.3.3.
The right to be presumed innocent
136
2.3.4.
The right to silence
138
2.3.5.
The right to reasoned judgements
140
2.3.6.
The right to appeal
141
2.4.
Rights relating to effective defence
143
2.4.1.
The right to investigate the case
143
2.4.2.
The right to adequate time and facilities for preparation of defence
145
2.4.3.
The right to equality of arms in examining witnesses
146
2.4.4.
The right to free interpretation of documents and translation
147
3.
The professional culture of defence lawyers
149
4.
Political commitment to effective criminal defence
151
5.
Conclusions
153
6.
Bibliography
156
ch. 5
Finland
165
1.
Introduction
165
1.1.
Basic demographic information
165
1.2.
The nature of the criminal justice system
166
1.3.
The structure and processes of the criminal justice system
168
1.4.
Levels of crime and the prison population
173
1.5.
The organization of legal aid
174
1.6.
Legal aid for persons suspected or accused of crime
176
2.
Legal rights and their implementation
177
2.1.
The right to defend onself and the right to legal advice and/or representation
177
2.2.
Procedural rights
180
2.2.1.
The right to respond to charges without restrictions on personal freedom
180
2.2.2.
The right of a defendant to be tried in his/her presence
181
2.2.3.
The right to be presumed innocent and the right to silence
183
2.2.4.
The right to reasoned decisions
184
2.2.5.
The right to appeal
184
2.3.
Rights relating to effective defence
185
2.3.1.
The right to information
185
2.3.2.
The right to investigate the case
186
2.3.3.
The right to adequate time and facilities for the preparation of the defence
188
2.3.4.
The right to equality of arms in examining witnesses
188
2.3.5.
The right to free interpretation of documents and to translation
188
3.
Professional culture of defence lawyers
189
4.
Political commitment to effective criminal defence
192
5.
Conclusions
194
6.
Bibliography
198
ch. 6
France
203
1.
Introduction
203
1.1.
Basic demographic information
203
1.2.
The nature of the criminal justice system
204
1.3.
The structure and processes of the criminal justice system
205
1.4.
Levels of crime and the prison population
212
1.5.
Legal aid for persons suspected or accused of crime
214
2.
Legal rights and their implementation
218
2.1.
The right to information
219
2.2.
The right to defend oneself
221
2.2.1.
The right of a person to defend him/herself
221
2.2.2.
The right to legal advice at the investigative stage
222
2.2.3.
The right to legal representation at the trial stage
228
2.3.
Procedural rights
228
2.3.1.
The right to release from custody pending trial
228
2.3.2.
The right of a defendant to be tried in his/her presence
230
2.3.3.
The right to be presumed innocent
231
2.3.4.
The right to silence
232
2.3.5.
The right to reasoned judgements
232
2.3.6.
The right to appeal
233
2.4.
Rights relating to effective defence
234
2.4.1.
The right to investigate the case
234
2.4.2.
The right to adequate time and facilities for the preparation of the defence
235
2.4.3.
The right to equality of arms in examining witnesses
237
2.4.4.
The right to free interpretation of documents and translation
239
3.
Professional culture of defence lawyers
241
4.
Political commitment to effective criminal defence
243
5.
Conclusions
246
6.
Bibliography
247
ch. 7
Germany
253
1.
Introduction
253
1.1.
Basic demographic information
253
1.2.
Basic statistical information on crime and punishment
253
1.3.
Basic constitutional information
254
1.3.1.
Federalism and its discontents
254
1.3.2.
Codifications and the role of the courts of law
254
1.4.
Basic information about the administration of criminal justice
255
1.4.1.
Phases of the criminal proceeding; the use of the deal
255
1.4.2.
Provisional detention and provisional arrest
258
1.4.3.
The court system
258
1.5.
The status of the accused
259
1.6.
Legal aid
261
1.6.1.
State spending on the German criminal legal aid equivalent
261
1.6.2.
The German criminal legal aid equivalent
261
1.6.3.
Organizational responsibility for administering the German criminal legal aid equivalent
264
1.6.4.
Results of field research
265
1.7.
Additional challenges to the German criminal justice system
266
2.
Legal rights and their implementation
268
2.1.
The right to information
268
2.1.1.
Interrogation by the investigating authorities (police, prosecution, investigating judge)
268
2.1.2.
Provisional arrest and provisional detention
270
2.1.3.
The writ of indictment
272
2.1.4.
Confirmation of the charges and the trial phase
273
2.1.5.
Access to the Case File
273
2.2.
The right to defend oneself
276
2.2.1.
The right to defend oneself in person at all stages of the proceedings
276
2.2.2.
The right to legal representation at all stages of the proceedings
277
2.2.3.
Access to legal representation in the investigation phase (particularly during interrogation)
278
2.2.4.
Right to consult and communicate in private with a lawyer
280
2.2.5.
The independence and competence of defence lawyers: Theory and practice
280
2.2.6.
Vulnerable persons
282
2.3.
Procedural rights
283
2.3.1.
The right to release from custody pending trial
283
2.3.2.
The right of a defendant to be tried in his/her presence
286
2.3.3.
The right to be presumed innocent; in dubio pro reo; burden of proof
287
2.3.4.
The right to silence
288
2.3.5.
The right to a reasoned decision
290
2.3.6.
The right to appeal
291
2.4.
Rights relating to effective defence
292
2.4.1.
The right to investigate the case; equality of arms; line-ups
292
2.4.2.
The right to adequate time and facilities for preparation of the defence
295
2.4.3.
The right to equality of arms in examining witnesses
297
2.4.4.
The right to free interpretation of documents and translation
298
3.
Professional culture of defence lawyers
302
3.1.
Bar associations
302
3.2.
Specialisation in criminal law, legal aid equivalent, and quality assurance
303
3.3.
Role of defence lawyers
304
3.4.
Perception of defence lawyers (particularly in cases of mandatory legal representation)
305
4.
Political commitment to effective criminal defence and public perception about crime
306
5.
Conclusions
308
6.
Bibliography
309
7.
Annex
315
8.
Abbreviations and Translations
317
ch. 8
Hungary
321
1.
Introduction
321
1.1.
General data
321
1.2.
Outline of the legal system
322
1.3.
Outline of the criminal justice system
323
1.4.
Basic statistics of the criminal justice system
327
1.5.
Outline of the legal aid system
328
2.
Legal rights and their implementation
329
2.1.
The right to information
329
2.1.1.
Information on the nature and cause of the accusation
329
2.1.2.
Detailed information concerning the relevant evidence/material available to the police/prosecutor
331
2.1.3.
Letter of rights (information on rights)
332
2.2.
The right to defence
333
2.2.1.
Choice of lawyer and provision of a lawyer for the indigent defendant
334
2.2.2.
Arrangements for access to lawyers
335
2.2.3.
The right to an independent and competent lawyer who is professionally required to act in the best interests of the client
337
2.2.4.
The right to consult and communicate in private with the lawyer
339
2.2.5.
Special provisions for vulnerable suspects/defendants
340
2.2.6.
Existence of legal aid schemes
340
2.2.7.
Remuneration of lawyers
342
2.3.
Procedural rights
343
2.3.1.
Right to release from custody pending trial
343
2.3.2.
The right of a defendant to be tried in his/her presence
346
2.3.3.
The right to be presumed innocent
347
2.3.4.
The right to silence and the prohibition against self-incrimination
348
2.3.5.
The right to reasoned decisions
349
2.3.6.
The right to appeal
350
2.4.
Rights relating to effective defence
351
2.4.1.
Rights to investigate the case
351
2.4.2.
The right to adequate time and facilities for preparation of defence
354
2.4.3.
The right to equality of arms in examining witnesses
355
2.4.4.
The right to the use of the suspect's own language
357
2.4.5.
The consequences of the breach of defence rights
358
3.
Professional culture of defence lawyers
360
3.1.
The bar associations and their role in the provision of criminal defence
360
3.2.
Lawyer's role in criminal proceedings and duty to the client as reflected in ethical standards
362
3.3.
Perception of defence lawyers and their relationship with other legal professions
363
3.4.
Legal aid and quality assurance
364
4.
Political commitment to effective criminal defence
367
5.
Conclusions
370
6.
Bibliography
371
ch. 9
Italy
373
1.
Introduction
373
1.1.
Basic demographic information
373
1.2.
The nature of the criminal justice system
374
1.3.
Structure and processes of the criminal justice system
378
1.3.1.
Jurisdiction
378
1.3.2.
Structure of the Italian criminal process
379
1.3.3.
Arest and detention of a person suspected of a crime
383
1.4.
Levels of crime and the prison population
384
1.5.
Legal aid for persons suspected or accused of crime
387
2.
Legal rights and their implementation
390
2.1.
Right to information
390
2.1.1.
Letters of rights
390
2.1.2.
Arrest and questioning before the police, the prosecutor and the judges
391
2.1.3.
Trial
394
2.2.
Right to defend oneself
395
2.2.1.
The right of a person to defend him/herself
395
2.2.2.
The right to legal advice at the investigative stage
395
2.2.3.
The right to legal representation at the trial stage
396
2.2.4.
Independence and competence of defence lawyers
398
2.3.
Procedural Rights
399
2.3.1.
The right to release from custody pending trial
399
2.3.2.
The right of a defendant to be tried in his/her presence
401
2.3.3.
The right to be presumed innocent
403
2.3.4.
The right to silence
404
2.3.5.
The right to a reasoned judgment
405
2.3.6.
The right to appeal
406
2.4.
Rights relating to effective defence
407
2.4.1.
The right to investigate the case
407
2.4.2.
The right to adequate time and facilities for the preparation of the defence
409
2.4.3.
The right to equality of arms in examining witnesses
409
2.4.4.
The right to free interpretation of documents and translation
411
3.
The professional culture of defence lawyers
412
4.
Political commitments to effective criminal defence
414
4.1.
Perception of criminal justice system
414
4.2.
Political commitment to criminal justice
417
5.
Conclusions
419
6.
Bibliography
421
ch. 10
Poland
425
1.
Introduction
425
1.1.
General information
425
1.2.
Outline of the legal system
426
1.2.1.
History
426
1.2.2.
Sources of law
426
1.2.3.
Court system
427
1.2.4.
Role of European Convention on Human Rights
427
1.3.
Outline of the criminal justice system
428
1.3.1.
General information
428
1.3.2.
Phases of criminal proceedings
429
1.3.3.
Participants in the proceedings
430
1.3.4.
Consensual and special proceedings
431
1.3.5.
Legal aid system
432
1.3.6.
Political and public perceptions of crime
434
1.4.
Statistics on the criminal justice system
434
2.
Legal rights and their implementation
435
2.1.
The right to information
435
2.1.1.
Information on the nature and cause of the accusation
435
2.1.2.
Information concerning the relevant evidence/material available to the authorities
438
2.1.3.
Information on rights (letter of rights)
441
2.2.
The right to defend oneself
443
2.2.1.
The right of a suspect/defendant to defend themselves
443
2.2.2.
The right to legal advice and/or representation
445
2.3.
Procedural rights
455
2.3.1.
The right to release from custody pending trial
455
2.3.2.
The right of a defendant to be tried in his/her presence
457
2.3.3.
The right to be presumed innocent
458
2.3.4.
The right to silence
459
2.3.5.
The right to reasoned decisions
460
2.3.6.
The right to appeal
461
2.4.
Rights relating to effective defence
461
2.4.1.
The right to investigate the case
461
2.4.2.
The right to adequate time and facilities for the preparation of the defence
466
2.4.3.
The right to equality of arms in examining witnesses
467
2.4.4.
The right to free interpretation of documents and to translation
468
3.
Professional culture of defence lawyers
471
3.1.
Professional organisation
471
3.2.
Professional ethics
473
3.2.1.
Organisation of the disciplinary procedures
473
3.2.2.
Rules of professional ethics
474
3.3.
Perception of defence lawyers and their relationship with other legal professions
475
3.3.1.
General comments
475
3.3.2.
Quality (assurance) of free and retained legal assistance
475
3.3.3.
Perceptions on the role of the defence lawyer
476
4.
Political commitment to effective criminal defence
478
4.1.
Public perception of crime
478
4.2.
Changes in criminal policy
479
5.
Conclusions
480
6.
Bibliography
482
ch. 11
Turkey
489
1.
Introduction
489
1.1.
Basic demographic information
489
1.2.
The nature of the criminal justice system
490
1.3.
The structure and the processes of criminal justice system
494
1.4.
Levels of crime and the prison population
503
1.5.
Legal aid for persons suspected or accused of a crime
505
2.
Legal rights and their implementation
509
2.1.
The right to information
509
2.1.1.
Apprehension
509
2.1.2.
Police interview
512
2.1.3.
Charge
514
2.1.4.
Pre-trial stage and trial
514
2.2.
The right to defend oneself
516
2.2.1.
The right of a person to defend him/herself
516
2.2.2.
The right to legal advice at the investigation stage
516
2.2.3.
The right to legal representation at the trial stage
518
2.2.4.
Independence and competence of defence lawyers
519
2.3.
Procedural Rights
520
2.3.1.
The right to release from custody pending trial
520
2.3.2.
The right of a defendant to be tried in his/her presence
522
2.3.3.
The right to be presumed innocent
523
2.3.4.
The right to silence
524
2.3.5.
The right to a reasoned judgment
526
2.3.6.
The right to appeal
527
2.4.
Rights relating to effective defence
530
2.4.1.
The right to investigate the case
530
2.4.2.
The right to adequate time and facilities for the preparation of the defence
531
2.4.3.
The right to equality of arms in examining witnesses
532
2.4.4.
The right to free interpretation of documents and to translation
533
3.
The professional culture of defence lawyers
534
4.
Political commitment to effective defence
538
5.
Conclusions
539
6.
Bibliography
540
7.
Annex
544
pt. III
ANALYSIS AND CONCLUSIONS
545
ch. 12
The state of the nations: compliance with the ECHR
547
1.
Introduction
547
2.
National contexts
547
3.
Compliance with ECHR standards
550
3.1.
Procedural rights relating to fair trial in general
550
3.2.
The presumption of innocence and the right to silence
551
3.3.
Bail and pre-trial detention
552
3.4.
Equality of arms and adversarial hearing
553
3.5.
Right to information on the nature and cause of the accusation and access to the file
555
3.6.
Rights to information on defence rights
556
3.7.
Disclosure of the evidence and access to the case file
557
3.8.
Right to self-representation
558
3.9.
Right to legal assistance and to legal aid
558
3.9.1.
Belgium
559
3.9.2.
England and Wales
559
3.9.3.
Finland
560
3.9.4.
France
561
3.9.5.
Germany
561
3.9.6.
Hungary
561
3.9.7.
Italy
562
3.9.8.
Poland
563
3.9.9.
Turkey
564
3.9.10.
Standards of representation, roles and independence
565
3.10.
Right to investigate
567
3.11.
Right to be tried in one's presence and to participate
568
3.12.
Adequate time and facilities to prepare the defence
569
3.13.
Right to free interpretation and translation
570
4.
Conclusion
570
5.
Bibliography
572
ch. 13
The effective criminal defence triangle: comparing patterns
573
1.
A model for analysis
573
2.
The content and scope of effective criminal defence
574
3.
The effective criminal defence triangle
577
3.1.
The rationale for the triangle
578
3.2.
An aspirational model
579
3.3.
A worked example
580
4.
Five central issues
581
4.1.
Introduction
581
4.2.
Legal assistance
581
4.2.1.
Deficient legal assistance: an example
581
4.2.2.
Legal assistance and the ECtHR
583
4.2.3.
Access to legal assistance
584
4.2.4.
Timeliness
585
4.2.5.
Choice of lawyer
586
4.2.6.
Compensation for lack of access to legal assistance?
586
4.2.7.
Procedural and evidential rules
587
4.2.8.
The professional and inter-professional context
588
4.2.9.
The quality of legal assistance
588
4.3.
Legal aid
589
4.3.1.
Complicated, unclear and slow application methods
590
4.3.2.
Availability, quality and independence of criminal defence lawyer in legal aid cases
591
4.4.
Interpretation and translation
592
4.4.1.
The significance of interpretation and translation
592
4.4.2.
Identification of the need for interpretation and translation
594
4.4.3.
Accessibility of interpretation and translation
595
4.4.4.
Which documents are to be translated?
595
4.4.5.
Quality and independence
596
4.5.
Adequate time and facilities
597
4.5.1.
Preparation at the initial stages of the investigation
598
4.5.2.
Preparation for pre-trial detention hearings and trial
600
4.5.3.
Preparation for expedited hearings
601
4.6.
Pre-trial detention
602
4.6.1.
The implications of pre-trial detention
603
4.6.2.
Recognition of a right to pre-trial release in practice
603
4.6.3.
Effective participation in pre-trial detention hearings
604
4.6.4.
Legal assistance and pre-trial detention
604
4.6.5.
The impact of being in pre-trial detention
605
5.
Conclusions
605
5.1.
Legal assistance
605
5.2.
Legal aid
606
5.3.
Interpretation and translation
607
5.4.
Adequate time and facilities
608
5.5.
Pre-trial detention
609
6.
Towards effective criminal defence - the interrelationship between principles, laws, practices and cultures
610
7.
Bibliography
611
ch. 14
Effective Criminal Defence in Europe Executive Summary and Recommendations
613
1.
Introduction
613
2.
Issues and recommendations concerning individual jurisdictions
614
2.1.
Belgium
614
2.2.
England and Wales
616
2.3.
Finland
617
2.4.
France
618
2.5.
Germany
619
2.6.
Hungary
620
2.7.
Italy
621
2.8.
Poland
622
2.9.
Turkey
624
3.
Overall conclusions and recommendations
625
3.1.
General recommendations
626
3.2.
Specific proposals
627
3.2.1.
Information on rights and charges
627
3.2.2.
Legal assistance and legal aid
628
3.2.3.
Interpretation and translation
629
3.2.4.
Access to the case-file, and time and facilities to prepare the defence
629
3.2.5.
Pre-trial detention
630
Annex 1
Desk Review Pro-forma
633
Annex 2
Critical Account of the Criminal Justice System Pro-forma
647
Annex 3
Guidance for Country Reports
651
Annex 4
The role of the Country Reviewer
656