NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
Currently, there is no established fast and effective
appeal mechanism for the application of temporary
apprehension, there is no clear procedure for inviting
the defence counsel to the actions performed with the
suspect or the accused, and for the defence counsel's
participation in the interrogation. In addition, research
participants drew attention to the quality of legal aid
provided by the state:
„People with disabilities, both mental
and physical, generally under the Code
of Criminal Procedure will mandatorily
have a lawyer representing them, a
defence counsel. But the problem is that
the vast majority of them will have a
lawyer appointed by the state-run, stateguaranteed legal service and, unfortunately,
the situation is that many of them perform
their duties quite poorly. Not all of them, of
course, but <...> often the quality is poor,
the communication with the client by that
lawyer is minimal, and relatively little time is
spent on explaining their rights.“61
„They are, after all, like the main lifeline,
the lifeline that should work the most to
ensure the rights of all persons, including
those with disabilities.“62
61 Quote from one of the semi-structured interviews.
62 Quote from one of the semi-structured interviews.
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