| Abstract: | This thesis speaks about the basic right to havean advocate, and consequently about the right to have access to a legal defenseand a fair procedure in a court of justice.The thesis examines how the process of gaining access to an advocate is realized in the Slovenian criminal procedure.The rule of lawand its principles, human rights as well as fundamental freedoms guarantee the protection of people from the intervention of a repressive state apparatus. The state legal system that can be arbitrary, excessive, and sometimes, unlawful, and yet they must still allow people to maintain the right to have a fair hearing. Through the issuance of legal acts in its territory, the state establishes strict enforcement of the law and thus provides security for its citizens. An individual can find him in a criminal hearing, in which he is in a disadvantaged position against the state mechanism. Throughout the legal proceedings, they can bein a distinctively unequal position, as they are up against the state, with all its accompanying apparatus and knowledge, therefore it is necessary that regulator establish high standards against interference with individual's fundamental rights. The defendant has certain rights in all criminal proceedings, including that of a compulsory defense, and through these rights, the protection of personal liberty is ensured. If these rights are to be guaranteed, it must be proven that the interests of the defense of the defendant are adequately satisfied. One of the fundamental rights of a defendant in criminal proceedings is the right to a fair trialand procedure. Therefore, everyone should be guaranteed the rightto have an advocate. The advocate is the individualwho representsthe accused, providing them with fair representation according to the country's legislative rights. Representation by an advocate, guarantees the realization of the defendant's right to a fair trial in terms of equality of justice in a legal court. Another important aspect of the principle of equality of arms is that all parties, to the proceeding, both the state and the defendant,are given the same opportunity to submit legal factual and circumstantial evidence, examine and cross examine witnesses, and have equal rights to collect and propose evidence. However, in order to fully realize this principle, the right to a legal defense and defense counsel is essential. A defendant may exercise his right to defend himor herselfby exercising their defense alone, or alternatively, with professional assistance from a defense lawyer. The state also provides the individual free legal aid and the right to defend him or herself, with or without a defense advocate. |
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