Defendant in criminal proceedings

A more detailed description of the defendant can be found here .

The defendant will be informed of the charges brought against him or her when he or she is given a summons. The defendant shall be summoned either by a court of law or by a prosecutor. In the summons, the defendant is urged to respond to the charges against him or her. The notice and deadlines indicated in the summons must be followed. Failures lead to sanctions that have been announced in the summons.

The defendant shall consider whether he or she needs legal assistance and advice. If the conditions for free legal aid are not met, the use of a counsel may incur costs. Legal aid is provided by public legal counsel, attorneys and licensed legal counsel.

The court may, on application or on its own initiative, appoint a defence counsel for the defendant who is, for example, imprisoned, underage or subject to an indictment for a serious offence. As a defence counsel may be appointed either a public legal counsel, an attorney or, for a special reason, a licensed legal counsel.

The prosecutor is obligated to prove the charge. The fact that the defendant is guilty of an offence requires that there is no reasonable doubt as to his or her guilt. At the latest in the trial, the defendant is asked whether he or she admits or denies having committed the offence for which he or she is accused, and whether he or she may also admit or deny his or her guilt in part. The defendant shall be considered innocent until proven guilty.

The defendant is also asked to comment on the claims for compensation submitted by the injured party. The defendant may also concede or deny the claims in part. If the defendant so wishes, he or she may also express his or her opinion on the demands for punishment and compensation and otherwise take a stand on everything that has been presented in the trial.

The defendant may, if he or she so wishes, be heard for evidentiary purposes. This means that he or she will explain in his or her own words the events under consideration and what he or she will say will be taken into account when assessing the evidence in the case. The defendant is still not obligated to tell or reveal anything.

If the charge against the defendant is dismissed, the defendant shall have the right to receive reasonable compensation from state funds for the costs incurred in the proceedings.