In the whole world and specifically in Europe there has been an increase of cases of detention and imprisonment for diverse crimes that include drug trafficking, with a strong presence of foreigners, a fact that undoubtedly highlights the important role of the Criminal Lawyers that defend these people.
A Crime lawyer offers his services to detained people abroad and he enforces their rights. This kind of people are quite vulnerable and many of them have a low profile in the socioeconomic aspect, many of them have no criminal records but due to their precarious financial situation they make business with racketeers that use them in drug trafficking or other crimes.
When assuming your case the lawyer will be interested in the particularities of the penal procedure, the reasons and the way in which the detention was executed, also he will ensure that an immediate communication with the consulate of your country takes place, which represents an inalienable right.
The judicial authority will always have the obligation to request the presence of a lawyer that assumes the defense of the case in favor of the accused, either a personal lawyer or a public defender.
The lawyer of the defense will ensure that the rights of the accused are observed, such as informing the consulate as well as the family or designated person about the situation and allowing the client to establish phone communication with a third party, that has been determined only by the client, in presence of a police officer or anyone who is designated.
Likewise he will assure that the judicial authority allows the presence of an interpreter if the client doesn't speak the same language of the country where he was detained; because it is required that the detainee´s understanding of all that is imputed to him, in order to give the lawyer arguments for his defense. He should always look out for misunderstandings in the translation.
Hence, the declaration records should be read in a clear way and without a single mistake relating to what the detainee has stated; minding possible errors in the translation that could affect the defendant.
You will have that right in the whole process, as well as having the translation of your declarations in writing, the resolutions that determine the sentence and the prison, if that would be the case, like this you will know in your own language all which is related to the process and you will be able to help the criminal lawyer perform a better advice and defense.
If you had an auditory disability or you were deaf, then you´d also be granted that kind of help. The sign language would be the way you´d interact with him.
Those expenses will be covered by the judicial authority that is responsible for the case.
The foreign detainee will be entitled to be visited and to maintain correspondence and to communicate with diplomatic employees of the consulate of his nation that are residing in the country where he is. There is the possibility that you have two nationalities and in such case, you will be able to choose the diplomatic representation you want to establish communication with.
OTHER RIGHTS ENFORCED BY THE CRIMINAL LAWYER
The defense criminal lawyer of detained people abroad, in his consultancy function and a successful defense, will have the same ability to ensure that his client will be attended by a forensic doctor, either from the center where he is detained or from any state dependence or public administration.
Among the rights of the client, just as it was explained previously, which the lawyer should enforce, there is the process of informing the accredited consulate of his country in the nation where the case is detained, but not only in order to know about it, but also to take interest and support him in all that is related to the clarification of the case.
It has been demonstrated in several cases how it has been of great importance the consular assistance, and some nations regulate it with appropriate norms that contribute to specify the obligations of the employees of the consulate in the assistance to detainees of their country abroad.
Also, it is part of the function of the defense criminal lawyer of the detainee abroad, to see all that is related to the extradition to his country, if it is determined this way. And in this act the consulate will also have to participate.
Lastly, if the defense criminal lawyer of a detainee abroad assists a person that has not reached the majority of age, he will have to make sure that all the procedural guarantees are being met and that case is being handled by the section of minors.
The parents or guardians of the minor will be informed about the reasons that led to the detention and the place where he is.
The foreigner who is detained in a country of which he is not a citizen, he will receive the advice and representation of a criminal lawyer who conducts his case.