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The defendant


To be a defendant means that the public prosecuting authority believes that the person in question has committed a criminal act on which the court should pass judgement. Everyone has the right to be regarded as innocent until judgement has been delivered in the case.

A defendant is entitled to be treated with respect by the members of the court and the other participants in the case. The case itself must also be treated with respect. This does not however exclude the possibility of critical and persistent questions to a defendant who chooses to give evidence.
Just as the defendant is entitled to respect, the court expects defendants to respect the court and the other participants in the case.

A defendant always has the right to the assistance of a defence counsel. In most criminal cases the defendants shall have defence counsel, appointed by the court and pay by the State.

A defendant in a criminal case has the right, but not the duty, to give evidence. If the defendant chooses to give evidence, he or she shall be encouraged to tell the truth. The evidence is usually given after the prosecutor's opening speech.  Most defendants choose to give evidence.

A defendant has the right to comment on statements made by witnesses and the presentation of evidence in other respects as the case progresses. If this is relevant, a request to comment is made to the court through the defence counsel. The defendant shall have the opportunity to make a statement before the case is closed for judgement.

The defendant cannot claim loss of earnings or travel expenses. A defendant who has limited means can however apply for reimbursement of the costs necessary to attend in court and follow the proceedings.  The defence counsel can provide more detailed information about this.


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