ANALYSIS ON CONCRETE ISSUES REGARDING THE RIGHT TO LEGAL ASSISTANCE OF DETAINEES

Abstract

According to the request of the Board of the Bar Association of Malaga to its Criminal Law Section, members of the executive committee conduct a thorough analysis about the current situation regarding legal assistance to detainees, the legislation that regulates and jurisprudence applicable in this regards. This study focuses on the eternal tension among defense lawyers, the members of the security forces, and the state in relation to the statement of the police delivered to the lawyer who assists a detainee, and also the possibility that the lawyer holds a prior interview with the detainee. The analysis carried out by the Criminal Law Section transcends a comment purely practical to a more theoretical research about the basic constitutional right to counsel, reaching the case-law of the ECHR, and the rules recently adopted by the European Union under the Stockholm Programme.