NCJ Number
53196
Date Published
Unknown
Length
33 pages
Annotation
THE LEGAL POSITION OF THE DEFENSE ATTORNEY IN WEST GERMANY IS COMPARED TO THAT OF DEFENSE ATTORNEYS IN OTHER EUROPEAN COUNTRIES.
Abstract
IN ALL OF THE COUNTRIES IN QUESTION (THE FEDERAL REPUBLIC OF GERMANY, BELGIUM, DENMARK, ENGLAND, FRANCE, ITALY, THE NETHERLANDS, AUSTRIA, SWEDEN, AND SWITZERLAND) ALL ACCUSED PARTIES HAVE THE RIGHT TO A DEFENSE ATTORNEY; IF THE DEFENDANT HAS NOT CHOSEN AN ATTORNEY, ONE IS APPOINTED, ALTHOUGH THE COURTS FOR WHICH ONE IS NECESSARY, THE APPOINTING AUTHORITY, AND THE MAXIMUM NUMBER OF ATTORNEYS PER CLIENT OR OF CLIENTS PER ATTORNEY VARY. IN ALL OF THE COUNTRIES DISCIPLINARY MEASURES FOR DEFENSE ATTORNEYS ARE PROVIDED FOR IF ATTORNEYS HAVE NOT SATISFIED THEIR LEGAL OBLIGATIONS (E.G., TRUTH AND OBJECTIVITY) AS DEFINED GENERALLY OR SPECIFICALLY BY THE LAWS OF THE COUNTRY; DISCIPLINARY ACTIONS HAVE BEEN ESPECIALLY SIGNIFICANT IN WEST GERMANY AND ITALY IN CONNECTION WITH TRIALS OF TERRORISTS. VARIOUS GROUNDS FOR EXCLUSION OF DEFENSE ATTORNEYS FROM CRIMINAL PROCEEDINGS IN PROCESS INCLUDE SUSPICION OF PARTICIPATION IN A CRIMINAL OFFENSE; ABUSE OF DEFENSE ATTORNEY'S RIGHTS (NOT IN GERMANY) OR DISRUPTION OF COURT PROCEEDINGS (IN RARE CASES); CONTEMPT OF COURT OR OTHER INAPPROPRIATE BEHAVIOR (NOT IN GERMANY); INCOMPETENCE (NOT IN GERMANY); AND CONFLICTS INVOLVING MULTIPLE ATTORNEYS, ATTORNEYS AS WITNESSES, OR NATIONAL SECURITY. THE PROCEDURES FOR EXCLUSION AND THE LEGAL SITUATION OF THE ACCUSED DIVERGE WIDELY. CONTACTS BETWEEN DEFENSE ATTORNEYS AND INCARCERATED CLIENTS IN WEST GERMANY CAN BE LIMITED ONLY IN CASES OF DETENTION OF TERRORISTS; LIMITATIONS ARE MORE EXTENSIVE IN ALMOST ALL OTHER COUNTRIES EXAMINED. THE DEFENSE ATTORNEY HAS NO RIGHT TO BE PRESENT DURING PRELIMINARY PROCEEDINGS IN WEST GERMANY, AUSTRIA, AND SWITZERLAND; THERE ARE NO SUCH OFFICIAL PROCEEDINGS IN MANY OF THE OTHER COUNTRIES. HOWEVER, THE POSITION OF DEFENSE ATTORNEYS IN MAIN COURT PROCEEDINGS CANNOT BE LIMITED IN GERMANY EVEN WHEN THEY ABUSE THEIR RIGHTS--RESTRAINTS IMPOSED BECAUSE OF ABUSED RIGHTS, ESPECIALLY CONTEMPT OF COURT, ARE MORE EXTENSIVE IN MOST OTHER COUNTRIES. CERTAIN OTHER PENALTIES UNRELATED TO THE DEFENSE ATTORNEY'S POSITION IN COURT PROCEEDINGS ARE LISTED. --IN GERMAN. (KMD)