Guarantees of the right to defense in the investigation and trial phases

Abstract

The right to defense is the cornerstone of establishing justice and ensuring the integrity of criminal proceedings. This right begins from the first moments of the preliminary investigation and ends with the issuance of a final judgment. Its most prominent guarantees are the right of the accused to seek the assistance of a competent lawyer, to review the case file, and to ensure that he is not coerced into confessing or making statements against his will. This protection is reinforced before the judiciary through the principle of confrontation, refuting evidence, and presenting defenses and evidence that serve the innocence of the accused in an environment of neutrality and independence. Ensuring these guarantees is not merely a privilege for the accused, but rather a constitutional obligation aimed at protecting individual freedoms and preventing authoritarian abuse, thus ensuring that punishment is imposed only based on sound legal procedures and a firm judicial conviction. Thus, the right to defense remains the safety valve that prevents the violation of human dignity and ensures that justice proceeds in its correct course.