Şübhəli və təqsirləndirilən şəxslərin müdafiə olunmaq hüququnun bəzi xüsusiyyətləri

The right to protection is granted to every criminally prosecuted person by both national and international law. This right is an integral part of the fundamental right to a fair trial. The main subjects of this right are the suspect and the accused. At the same time, sometimes participation in the process of a defender, legal representative or legal successor becomes necessary for the effective realization of the right to protection. The article examined the issues of legal definitions of the suspect and the accused, as well as explained the basic elements of the right to defense under the current criminal procedure legislation. The author attempted to critically analyze some articles of the current legislation, identified and substantiated some problems in the norms under consideration and made specific proposals to solve the identified problems. The article notes that the legal definitions of the suspect and the accused are incomplete. In the context of ensuring the right to a fair trial, every person actually criminally prosecuted should have the right to defense. But under current law, sometimes the procedural status of the person actually prosecuted remains uncertain. This gap adversely affects the degree to which the right to a fair trial is ensured. In clarifying the nature of the right to defence, reference was made to the case law of the European Court of Justice. Keywords: criminal process, right to defense, suspect, accused, legal definition, case law, interpretation, legislation, proposals.