Information for defendants

This contains information on criminal procedure for those who have been granted criminal status in criminal cases, from the time of notification of the offence to the police until the case is finally closed.

The accused has diverse rights while a criminal case is being investigated by the police, handled by the prosecution or before a court.

Status of the accused

The accused is an individual who is accused or suspected of having violated the Act. Undertakings, associations, municipalities and other legal persons may also be defendants. The representatives have the same legal status as if they were accused or suspected of criminal activity.

If the defendant is not legally competent, the guardian shall act as his or her representative as necessary. When investigating a criminal case, the police shall ensure that the accused is not injured, inconvenienced or mistreated more than is unavoidable.

Rights of the accused

The defendant has the right of defence in the investigation of a case by the police, as well as in criminal proceedings before a court. For example, a defence counsel may advise the accused of his or her right and rights in the handling of the case with the police and is present with the accused when he or she is questioned by the police.

The accused does not have to comment further than he or she would like on the subject of the case or to answer questions from the police in the investigation.

It is a basic rule that a defendant is presumed innocent until proven guilty and the burden of proof rests on the prosecution. Any doubts as to the guilt of the accused must be interpreted in his or her favour.

Public defender's remuneration

The remuneration of an appointed defence counsel is determined in a court of law unless the defence counsel has waived his fee. The remuneration of an appointed or appointed defence counsel shall be paid by the Treasury and shall be considered as a cost of prosecution.

Criminal charges

If an accused individual is convicted in court, he or she is generally sentenced to pay the legal costs of the case. The costs are paid by the Treasury, but the defendant is required to pay those costs to the State. If an accused individual is acquitted, all legal costs shall be paid by the Treasury.