Equality before the law and equal access to justice are fundamental rights in a modern state governed by the rule of law. Access to justice refers to the essential notion that all people have the right to legal protection and a jucidial remedy and that no practical, legal or other obstacles should prevent individuals from exercising their rights. The main facets that constitute the essence of access to justice is the right to access to court, involving a right to effective access to a fair and public hearing for everyone. Applied to criminal proceedings, this includes the right to equality of arms and practical and effective legal representation, if it is needed in order to ensure effective access to court. Access to justice as a fundamental right covers several European legal principles, the right to a fair trial in article 6 of the European Convention on Human Rights and Fundamental Freedoms being the main focus. The provision aims particularly on the person being suspected of a crime. However, the overall principle of the right to a fair trial and access to justice also includes the victim of a crime. This means that the rights deriving from access to justice also must be respected in regards of the injured party. In order for the injured party to be able to exercice his or her rights under access to justice, the rights for the victim under Swedish law must provide him or her with sufficient conditions for doing so. The injured party may, inter alia, institute a private claim for compensation in criminal proceedings as well as under certain conditions file an action in accordance with the rules on private prosecution. The police and public prosecutor have an obligation to inform the injured party on his or her rights. The victim of a serious crime may have the right to be represented by a counsel. The right to counsel for the injured party does not correspond to the suspect’s right do defense counsel, which can result in failure to ensure equality of arms between the victim and the suspect. A procedural imbalance that favors one of the parties at the expense of the other may cause that his or her right to access to justice is denied. In general, being represented by a counsel for the injured party increases the victim's chances of defending his or her rights in accordance with access to justice.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:su-202863 |
| Date | January 2022 |
| Creators | Tibäck, Julia |
| Publisher | Stockholms universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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