Every accused has a right to defend himself or through counsel. Advocate can be a person registered in the Czech Bar Association.
Each accused is therefore free to decide whether to defend themselves or whether they choose an attorney. In some cases, the accused must have defense counsel, and possibly against their will. These are cases the necessary defense .If the accused in these cases the lawyer chosen by themselves, constitute a court of his motion (when referring to a lawyer ex officio ) from a list of lawyers employed in the circuit court.
Necessary defense comes under criminal law in consideration of the following cases:
- accused's custody or in prison
- accused on the basis of court decision on the observation in a medical facility
- the accused is deprived of legal capacity or its capacity is limited
- accused is a juvenile
- leads to the proceedings against fugitive
- if it is a criminal offense for which can be punishable by imprisonment for a maximum of more than five years
- if the trial being done in a simplified procedure when the accused is arrested
- if they are reasonable doubts about the ability of the accused to defend himself properly, especially with regard to his physical or mental defects
- if it is subject to proceedings in which a deposited protective treatment (not alcoholism treatment )
In some of the above cases the accused have a defense counsel in enforcement proceedings and a complaint for violation of the law . Also, the accused must have defense counsel in certain proceedings relating to extradition to foreign countries or with the recognition of a foreign decision.
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