The right of defense of the accused from criminal matters includes the power to intervene in criminal proceedings open to decide about a possible backlash against him and the criminal to carry out all activities required him to highlight the lack of foundation of penal authority of the State or any circumstances that exclude or attenuate.
The essential basis of the right to defend itself rests on the right to be heard directly connected with the principle of contradiction.
While the right of defense does not relate exclusively to the State's criminal, in the words of Maier could say that such a guarantee in criminal procedure receives a different interpretation, extensive and broader guarantor - almost paternalistic, aided by the same State pursued criminal charges against accused.
Firstly for anyone to defend must be something to defend, namely the allocation of having done or omitted to do in the factual world of meaning in the legal world. This is known as imputation necessary. As Maier says the complaint is properly made the key that unlocks the door of opportunity to defend effectively. The complaint must contain the relationship clear, accurate and detailed account of the fact with all the circumstances of how, when and where you locate in the world of facts.
Secondly no one can defend something that does not know. It should be made aware of the defendant that is attributed to a clear, accurate, complete and circumstantial.
We make this introduction as the film that relates to selected aspects described above the right of defense, more specifically with the importance that the accused understands the charge to be intimate in order to carry out an effective defense Specifically
noteworthy that in relation to warranty analysis, the defendant does not understand or speak the language of the court is entitled to free assistance of an interpreter. This right is guaranteed by the ICCPR and the American Convention guarantee also extends to the defense witnesses
turn the ICCPR in paragraph a) of Paragraph3 Art. 14 and the American Convention in paragraph b) of paragraph of art. 8 establish the right of everyone to be informed in a language he understands of the charges established against it.
While the movie takes place in another country that adopts another enjuicimaiento system different from ours, we consider q can clearly see an obvious affectation of the right of defense at trial
RED CORNER
In this, the protagonist is an American lawyer during his stay in China is accused of murder. First Instead, during the trial is concerned the principle of innocence - as it is the accused who must prove his innocence "Secondly, is not allowed to freely choose a trusted attorney is assigned as" necessarily "a lawyer .
As if that were not enough to violate the rights of the accused, it is noteworthy that the most striking view is that facts are not intimidated in your language. Just in the course of the hearings is given the opportunity to listen to the prosecution and the judges through a headphone system with instantaneous translation, though it is clear that for a few moments translation is interrupted. In turn, no respects the right to be heard because it does not yield at times what the defendant says.
Therefore it is clear that all these violations do not allow the defense to be carried out effectively.
Casciato, Sun
Escolá, Romina Andrea Diaz
Huertas, Jose Ignacio
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