Accused and accused – what is the difference between them

The difference between an accused and a defendant lies mainly in the stage of the criminal proceedings at which the person is. An accused is a person at the stage of investigation when evidence is gathered and the circumstances of the case are examined. A defendant is a person whose case has already gone to trial following a decision by the prosecutor that there is sufficient evidence to proceed to trial.

Understanding these differences is important for the correct application of a person’s rights and obligations in criminal proceedings and for ensuring a fair trial in accordance with the laws of the Slovak Republic.

Who is the accused?

According to the current legislation, an accused is a person against whom a charge has been brought under Section 206 of the Criminal Procedure Code. The accused may be a natural person who is reasonably suspected of having committed a criminal offence. An indictment is a procedural act of the law enforcement authorities, namely the investigator, who formally accuses a person of committing a certain criminal offence. This act must be documented in writing and delivered to the accused, who from that moment on has the rights and obligations laid down by law, including the right to a defence.

Rights and obligations of the accused

According to the law of the Slovak Republic, the accused has the following rights and obligations in criminal proceedings:

Rights of the accused

• Right to defence:

The accused has the right to choose a defence counsel to represent him or her in criminal proceedings. If he or she does not have sufficient financial resources, he or she may apply for the assignment of a defence counsel ex officio (at the expense of the State).

• The right to be informed:

The accused has the right to be informed of the substance of the charge, the evidence and the rights afforded by law.

• The right to remain silent:

The accused has the right to refuse to testify, and his silence cannot be used against him.

• The right to a fair trial:

The accused has the right to a fair and impartial trial within a reasonable time.

• The right to be present during criminal proceedings:

The accused shall have the right to take part in investigative measures which directly concern him or her and to ask questions of witnesses.

• Right to adduce evidence:

The accused shall have the right to present evidence and to propose the taking of further evidence.

• The right to a translator:

If the accused does not understand the language in which the proceedings are conducted, he or she shall have the right to an interpreter.

Duties of the accused

• Obligation to appear before a summons:

The accused is obliged to appear before the law enforcement authorities.

• Obligation to provide truthful data:

The accused shall be obliged to provide truthful information concerning his person, such as his home address, name and other identifying information.

• Obligation to comply with the instructions of the authorities:

The accused is obliged to follow the instructions of the law enforcement authorities, for example, when carrying out searches or other procedural acts.

These rights and obligations are enshrined in the Criminal Procedure Code of the Slovak Republic and other related legislation. If you have specific questions or need more information, I will be happy to help you.

Who is the defendant?

A defendant is a person against whom an indictment has been filed in a criminal court. This term is used after the prosecutor or other authorised authority has completed an investigation and decided that there is sufficient evidence to bring the case to trial.

Rights and obligations of the defendant under the law of the Slovak Republic

Rights of the accused

• Right of defence

The defendant has the right to choose a defence counsel to represent him throughout the trial. If he has insufficient financial means, he may apply for the assignment of an ex officio defence counsel.

• Right to be informed

The accused has the right to be informed in detail of the charges against him, including all evidence and testimony.

• The right to remain silent

The defendant has the right not to incriminate himself and his silence may not be used against him.

• Right to a fair trial

The accused has the right to a fair and impartial trial, which shall be held within a reasonable time.

• Right to present evidence and witnesses

The defendant has the right to present evidence in his/her defence and to propose the examination of witnesses.

• Right to be present at court hearings

The defendant has the right to be present at all hearings concerning his case.

• Right to an interpreter

If the defendant does not understand the language in which the proceedings are conducted, he has the right to a free interpreter.

Obligations of the accused

• Obligation to appear at court hearings

The defendant is obliged to appear at all hearings to which he is summoned.

• Obligation to provide truthful data

The defendant is obliged to provide truthful information about his/her person and to comply with the court’s instructions.

• Obligation to comply with court decisions

The defendant must respect and obey all decisions and orders of the court.

These rights and obligations are enshrined in the Criminal Procedure Code of the Slovak Republic and other legislation governing criminal proceedings. A defendant is therefore a person who faces formal charges in court and is the subject of a trial.

Explanation of the terms: suspect, accused, defendant, convicted

Suspicious

A suspect is a person who is reasonably suspected of having committed a crime but against whom charges have not yet been brought. Law enforcement authorities gather evidence and investigate circumstances that could confirm or refute the suspicion.

Accused

The accused is the person against whom a formal charge has been brought in a criminal proceeding. This status is the result of a preliminary investigation during which sufficient evidence has been gathered to charge a person with a specific offence. Charging is effected through the issuance of a charging order.

Defendant

A defendant is a person against whom an indictment has been filed in court. Once the investigation is complete and sufficient evidence has been gathered, the prosecutor files an indictment, which starts the court proceedings. At this stage of the criminal proceedings, the defendant is subject to a trial where his guilt or innocence is decided.

Convicted

A convicted person is a person who has been found guilty of a criminal offence by a final judgment of a court. After the judgment has been handed down and all legal remedies, if any, have been exhausted, the convicted person is obliged to carry out the sentence imposed, which may include, for example, imprisonment, a fine, community service or other penalties as provided for by the relevant legislation.

These terms refer to the different stages and statuses of a person in criminal proceedings, each stage having its own specific legal consequences and rights for the person concerned.

Accused and indicted in economic crime

Economic crime covers a wide range of offences relating to financial fraud, corruption, tax evasion and other illegal activities in the economy. In the context of criminal proceedings, the terms ‘accused’ and ‘defendant’ are important, as they refer to different stages of the process and have their own specificities also in the context of economic crime.

Accused in economic crime

The accused in an economic crime is the person against whom charges have been brought on the basis of the preliminary investigation and the evidence gathered. Charges may include suspected offences such as:

• Tax evasion
• Corruption and bribery
• Unauthorised business
• Money laundering
• Misuse of information in commercial dealings

Defendant in economic crime

A defendant in an economic crime is a person against whom an indictment has been filed in court after an investigation has been completed and sufficient evidence has been gathered. An indictment is a formal act by which the prosecutor presents a case to the court for determination.

Economic crime is often complex and requires thorough investigations, and suspects of such crimes must be guaranteed all procedural rights to ensure a fair and impartial trial.

In conclusion

These differences are important not only from a legal perspective, but also for understanding the procedural rights and obligations of those involved in criminal proceedings. A proper distinction between the accused and the defendant ensures that legal procedures are followed and cases are dealt with fairly, thereby strengthening public confidence in the legal system.