Accused

The accused is a person who has been charged with a specific criminal offence and with respect to whom the Prosecutor’s Office has issued a statement of charges.

Only once the Prosecutor’s Office, after having examined the suspect’s criminal file, is satisfied that all the evidence necessary for the examination of evidence has been collected, does it draw up the statement of charges and thereby turn the suspect into an accused. In addition, the statement of charges can be filed under a fast-track procedure or be agreed on in a plea agreement procedure.

  • An accused with respect to whom a judgment of conviction has entered into effect is a convicted offender.
  • An accused with respect to whom a judgment of acquittal has entered into effect is an acquitted person.

An accused has the rights and obligations of a suspect. In addition, they have the right to acquaint themselves with the criminal file through their defence counsel, and to participate in the trial of their case.

Rights

  • to know the substance of the suspicion and to provide or refuse to provide a statement concerning this;
  • to know that their statements may be used to bring charges against them;
  • to the assistance of the defence counsel;
  • to meet with their defence counsel without other persons being present;
  • in the presence of their defence counsel, to be interviewed or to participate in a concurrent interview of several persons conducted to resolve a contradiction in their statements, to participate in the linking of a statement to the relevant setting and to participate in an identification line-up;
  • to participate in the judicial hearing of any application for their arrest;
  • to offer evidence;
  • to file applications and complaints;
  • to acquaint themselves with the report of any procedural operation performed in the case and to make representations, which are to be included in the report, concerning the conditions, course, results and reports of the operation;
  • to consent to the use of the plea agreement procedure, to participate in plea agreement negotiations, to make proposals concerning the type and term of the sentence to be imposed and to enter into or decline to enter into the plea agreement.

Obligations

  • appear when summoned by the investigative authority, the Prosecutor’s Office or the court;
  • participate in procedural operations and comply with the directions of the investigative authority, the Prosecutor’s Office and the court.