Criminal defence
Criminal defence guarantees the fundamental rights of those involved in criminal proceedings. Criminal law aims to ensure a fair trial, with respect for the presumption of innocence and the rights of the defence.
Key steps in the criminal process
The criminal procedure includes several key steps, such as:
- Police investigation
- Judicial investigation
- The oral trial phase
At all stages, the defence counsel must ensure that the client’s rights are respected. Police custody, for example, is governed by strict rules concerning the duration and the rights of the person concerned.
The Role of the Criminal Defence Lawyer
The defence lawyer plays a crucial role. The Advocate (?) represents the interests of the accused or the party under investigation and pleads on their behalf before the courts.
The lawyer must use his or her skills to establish a strategy that guarantees the rights of the suspect: examination of all aspects of the case, witness statements and collection of evidence that may prove exculpatory.
The criminal lawyer must do everything possible to prove the innocence of his client, or to mitigate both their criminal liability and the civil liability that may arise from it.
The value of being represented and assisted by a lawyer at all stages of the criminal process
Due to the complexity of the procedures, it is essential to be assisted by a lawyer, who will represent you at each stage of the procedure:
- During the police investigation, arrest or declarations (statements) to the police?.
- When Faced with the accusations of the public prosecutor.
- Before the investigating court, which is responsible for carrying out all investigative measures and deciding whether or not there are sufficient indications of a crime to initiate proceedings.
- Before the criminal court, if the oral trial phase is opened and the case is judged.
- Before the judge responsible for the execution of sentences, in the event of a conviction.
- Before the higher courts in the event of an appeal or prosecution of certain crimes (Court of Appeal, Investigating Chamber).
The criminal lawyer advises and guides his/her clients on their rights and obligations in the context of criminal proceedings. They will ensure that the presumption of innocence is respected, as well as all of their fundamental rights, by establishing an effective defence strategy. BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.
