Once you become an accused in a criminal trial you have the right to receive full information about all charges against you. This right is important, because it allows you or your lawyer to prepare your defence.
Charge
Information about the charges against you includes not only information about what you have allegedly done, but also which crime it is according to Criminal Code.
example If a person is accused of entering a store, taking a mobile phone from the shelf and leaving without paying, in addition to describing these acts, the prosecution is also obliged to tell the accused that he/she will be charged with theft.
Proof of receipt
This information may be provided either in a written or oral form. In all cases, especially when this information has been provided in a written form, there has to be proof that you have actually received it.
example If the information is sent to you by mail but never reaches you, the court cannot presume that you have received the information.
Evidence
Information about the charge must include all of the evidence against you, so that you are able to prepare your defence.
Copy of indictment
According to the Criminal Procedure Act, you have the right to receive a copy of the indictment. You can examine and copy files and to inspect items of evidence in the case file.
Timely delivery
The information has to be given to you in a timely manner. This is important because you will need time to prepare your defence. What is considered to be timely will also depend on the nature and gravity of the charge against you.
example If the accused is preparing a defence against a charge of multiple accounts of armed robbery and kidnapping, the time given for the preparation of a defence will be much longer than for a charge of minor theft.
Language
Information about the charge has to be given to you in a language which you speak or understand. If you don’t speak Slovenian, then you have the right to request an interpreter free of charge. Information about the charges against you must be translated into a language which you understand, but it does not have to be in your mother tongue or a language, which you simply prefer. The translation can be in either an oral or written form.
If you have not received information about the charges against you in a timely and adequate fashion, it might result in a violation of the right to a fair trial.