ABSTRACT
This chapter aims to develop the normative view of the role of a defence lawyer at the investigative stage of the criminal proceedings implied in the European regulations. It proposes the general definition of the role of a defence lawyer at the investigative stage of the proceedings, and describes the various tasks or functions of defence lawyers, derived from the relevant European norms. The regulatory focus upon the trial was aimed at diverting attention from the unfairness of the crucial stage of the proceedings, namely the investigative stage. The European Union procedural rights’ Directives unequivocally expand the reach of the fair trial rights, including the right of access to a lawyer, to the investigative stage of the criminal proceedings. The lawyer’s function of gathering case-related information from the authorities, or obtaining ‘disclosure’, is implied in the obligation to provide effective legal advice at the investigative stage.
