Defendant
Full content regarding the trial phase and the rights of the defendant under Article 269 of the Bulgarian Criminal Procedure Code (CPC), including participation in hearings, procedural guarantees, judicial practice, and case law.
Rights of the Defendant in the Judicial Stage
- Right to personal participation — the defendant has the right to be present during the hearing and to personally exercise his defense.
- Right to legal counsel — mandatory representation when required by law; right to freely choose an attorney or to have one appointed if unable to afford it.
- Right to make statements and objections — to respond to the charges, present evidence, and request the examination of witnesses and experts.
- Right to interpretation and translation — to ensure full understanding of the proceedings (Art. 97 CPC).
- Right to challenge — judicial acts, procedural violations, and restrictions on rights may be appealed under the CPC.
- Right to silence — no one may compel the defendant to testify or admit guilt; any confession obtained in violation of this right is inadmissible.
- Right to equality of arms — guaranteed opportunity to counter the prosecution’s evidence and arguments on an equal procedural footing.
Judicial Practice
According to established case law of the Supreme Court of Cassation and the European Court of Human Rights, the fairness of criminal proceedings requires that the defendant be fully informed of the nature and grounds of the accusation and be provided with adequate time and facilities for the preparation of his defense (ECHR, *Kamasinski v. Austria*, 1989; *Pélissier and Sassi v. France*, 1999).
Important: The right to defense is absolute. Any restriction, absence, or limitation of the defendant’s ability to communicate confidentially with counsel, to participate in hearings, or to present arguments constitutes a violation of Article 6 of the European Convention on Human Rights.
This section is based on Article 269 of the Bulgarian Criminal Procedure Code and mirrors the canonical Bulgarian content regarding the judicial phase and the rights of the defendant.