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According to the Code of Criminal Procedure, the accused of a crime must be represented by a lawyer. In the event that he is unable to finance it himself, the court will designate him as public defender.
– This defender is not obliged to take part in the preparatory procedure and Polish law does not provide for the need to appoint a defense counsel if no one wants to represent the suspect does not let us know . Nevertheless, in view of the fact that we plan to consult expert psychiatrists, we have asked the president of the widnica district court to appoint such a defense counsel. We are waiting for the court to recognize the request – informed during an interview with Gazeta.pl, Prosecutor Tomasz Orepuk, spokesman of the district prosecutor's office of Widnica.
As the prosecutor added, all activities involving the suspect were recorded, which he was informed. – We do not want to give the opportunity to use the argument that someone wanted to intimidate the suspect or that he did not consent to something. We have film material for everything, which is included in the report of activity – explained the spokesman of the prosecutor.
The Helsinki Foundation for Human Rights has doubts about the preparatory procedure
Although Polish law does not provide for the obligation to appoint a defense lawyer at the stage of the preparatory procedure, the Helsinki Foundation for Human Rights believes that it should be present during the previous hearings. The organization sent a letter to the district attorney's office in Świdnica asking for an explanation of the situation regarding defense lawyer Jakub A. He mentions, among other things, the Polish Constitution and two directives. from the EU: the directive on access to a lawyer and the directive on legal aid.
– We have an unregulated law, incompatible with EU standards – says Adam Klepczyński of the HFHR. – We strive to ensure that the defender is present from the moment of detention, even before the first interrogation. In the opinion of the Polish State, the directive on access to a lawyer is fully transposed into Polish law. In this case, the directive on access to a lawyer should be applied directly, despite the absence of provisions in the Polish Code of Criminal Procedure. Failure to defend the defender before the first interrogation means that this does not happen. We also mentioned two judgments of the European Court of Human Rights which, in both cases, indicate that the conviction on the basis of testimonies and confessions at the stage of the preparatory procedure, in the 39, absence of a lawyer, can lead to a flawed procedure and violations of the European Convention on Human Rights – expert translators.
Jakub A. suspected of having murdered Kristina, 10 years old. Recognized as a dangerous prisoner
The crime took place on Thursday, June 13th. Kristina, 10, disappeared from school on her way home. The same day, her body was found in a forest about 6 km from Mrowin, where she lived.
Jakub A., a 22-year-old psychology student who was to have sex with the girl's mother, was arrested on Sunday. He heard the murder charges with peculiar cruelty and incited another person to participate in the murder. He has been given the status of a dangerous prisoner.
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