La defensa penal de oficio
Penal defense right is an accused's fundamental, uninfringeable and unrenounceable right and it equalizes the parts in penal process. This right is imprescriptibly in a process and its materialization became comparable the parts in the litigation, bearing in mind that it plays a contradictory r...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6140638 |
| Source: | Revista de Derecho, Empresa y Sociedad (REDS), ISSN 2340-4647, Nº. 9, 2016, pags. 178-189 |
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| Summary: |
Penal defense right is an accused's fundamental, uninfringeable and unrenounceable right and it equalizes the parts in penal process. This right is imprescriptibly in a process and its materialization became comparable the parts in the litigation, bearing in mind that it plays a contradictory role with regard to the public prosecutor. In a penal doctrine the material defense is practiced exclusively in oral and immediate form by the imputed, while the technical defense is exerted by a lawyer. The imputed can select his lawyer but he does not want it or he does not have money for it the penal system designs a penal defense counsel for him. The free legal aids was recognized since the Roman Right especially for the indigents and people that lacked goods, and it was extending and perfecting until our days being part besides the international regulations in penal matter. Cuban penal defense right is a Constitutional regulation. It is regulated in an article 59 and Cuban State secures accomplish of regulating. The Penal Procedure Law regulates the penal defense counsel in different articles such as: 194; 281; 282; 346.4c), 5, 6b); 415.8, 13; 461 and 487.1 but it is necessary their modification in order to obtain an earlier participation of lawyer in a process according to modern tendencies of law. |
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