You always have the right to self-paid legal aid. Sometimes legal aid will be provided and paid for by the State. You also have the right to meetings and confidential communication with your attorney at law.
Right to legal aid
When you are taken into police custody, you have the right to legal aid. In Slovenia, only attorneys at law and attorney candidates can defend you in criminal proceedings.
An attorney at law can help you to challenge your arrest and to prepare your criminal case. Immediately upon your arrest, the police must explain this right to you orally and in writing.
If you do not have an attorney at law at the moment of your arrest, according to Criminal Procedure Act, you can ask the police to assign you an attorney who will be paid for by the State.
Read more about defence in criminal proceedings.
Free legal aid
You always have the right to invite a self-paid attorney at law of your own choosing. However, if you have been taken into police custody and you do not have the means to retain an attorney at law by yourself you may request that the police appoint one for you. The police will appoint an attorney at law at the expense of the state if this is in the interest of justice.
This right is explained in the Criminal Procedure Act.
Communication with an attorney at law
During your time in police custody, you can meet with your attorney at law freely, without the special permission of the person directing the process and without time limits. The police must ensure circumstances where you can confidentially meet with your attorney at law. The police or other authorities must not listen to your conversation with the attorney at law.
If you do not speak Slovenian, you have the right to a State provided translator during your meetings with your attorney at law. This is provided by the Criminal Procedure Act.
Right to defend yourself
It is important to have an attorney at law who can help you to challenge your arrest and to prepare your criminal case, if it is being pursued. But, you also have the right to personally defend yourself. This means that you have the right not to use an attorney at law and use all the rights of defence on your own. Read more about the right to defend yourself.
What human rights violation may there be?
If you were not given a chance to invite an attorney at law and you could not, therefore, effectively challenge your arrest, it may result in a violation of the right to liberty and security of a person.
If you were not given a chance to invite an attorney at law and you could not, therefore, properly prepare your defence, there was non-permitted interference in your communication or you were not allowed to defend yourself where permitted, it may result in a violation of the right to fair trial.