The right of a pre-trial detained person to legal aid (article 245 § 1 of the Code of Criminal Procedure)

Resumen

The aim of the paper is to discuss the issue of detainee’s access to legal assistance provided by an attorney or legal adviser, i.e. representatives of two equivalent legal professions. The author analyzed the restrictions related to access to such assistance, as well as the conditions enabling the detaining authority to reserve its presence during a detained person’s conversation with one of the abovementioned legists. The paper also points out the doubts regarding the legal status of the consultant, i.e. whether he or she should be treated as a sui generis defender or a legal representative.