In a criminal trial, the accused is in the position of defence against the state, which is represented by the prosecutor.
Scope of the right
The accused is generally considered to be in a less advantageous situation because the prosecution generally has more resources, authority and he/she is in a better position to gather evidence. Therefore, in a criminal trial, the accused has additional rights and guarantees to ensure a balance between both parties.
example In a criminal trial, the accused has additional rights to be presumed innocent, to speak publicly about his/her innocence, to adequate time and the facilities to prepare a defence, and other such rights.
Application
The fair trial rights and guarantees already commence at the pre-trial stage of a criminal process and continue until the final judgement has been made by the last court instance.
example The accused has the right to request a defence lawyer from the very first suspect interview.
Standard of evaluation
Any restriction to the rights of an accused should be very carefully examined and a court in a criminal trial is held to a higher standard of diligence than other courts.
example The time considered to be reasonable for delivering a final judgement in a criminal trial has to be evaluated more strictly than for a civil trial, especially in cases where the accused has been placed in pre-trial detention.