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Components of Defense Rights in Selected Disciplinary Proceedings
Abstract
The text draws attention to the complexity of the right to defense in disciplinary proceedings. It notes that, in terms of structure, this brings the above right closer to the solutions used in criminal proceedings. However, this similarity does not mean that these solutions are completely identical. The approach to the components of the right to defense within disciplinary proceedings themselves also differs, due to the lack of common regulations at the statutory level. While the text considers it reasonable to differentiate between the entities acting as defenders in individual disciplinary proceedings, it criticizes the inconsistent approach to the moment at which a person subject to disciplinary charges acquires the right to defense, due to its inconsistency with the constitutional model of such defense.
Keywords:
disciplinary proceedings, right to defense, accused, defender, criminal proceedings, formal defense, substantive defenseDetails
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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.