Determining Factors which Impact the Lawyer’s Defense Preparation

Abstract

The aim of this paper is relatedto one of the elements of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, namely the right to have sufficient time to prepare a defense in court.The study analyzesthe information about the objective or subjective elements that affect the extension or termination in the shortest possible time to prepare the defense and cases taken from the case law of the European Court of Human Rights.The study shows that there are some elements that affect time and efficiency in defense preparation, such as the behavior of the institutions of justice as well as the behavior of the complainant or the accused, the professionalism of the lawyer and the raltionship of trust between the lawyer and the complainant or the accused. The preparation of the defense is the main means of defending a legal right in court. In some cases, various cases have been brought before the Strasbourg Court where it is alleged that one party did not have sufficient time and facilities to defend himself.