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Questions and Answers
What right does the accused have in terms of being presumed innocent?
What does the accused need to be informed of according to the text?
In what situations can the accused waive his presence at the trial?
What happens if the accused is absent without justifiable cause at the trial?
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When can the accused be allowed to defend himself in person without counsel?
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What right does the accused have in terms of testifying as a witness?
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What happens if the accused escapes custody?
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What does the accused have the right to not be compelled to do?
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What right does the accused have regarding being compelled to be a witness against himself?
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Under what condition can the accused defend himself in person instead of with counsel?
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Study Notes
Rights of the Accused at Trial
- The accused is presumed innocent until proven guilty beyond reasonable doubt.
- The accused has the right to be informed of the nature and cause of the accusation against them.
Right to Defend
- The accused has the right to defend themselves in person and by counsel at every stage of the proceedings.
- The accused may waive their presence at the trial under certain stipulations in their bail.
- The court may specifically order the accused to be present at the trial for identification purposes.
Consequences of Absence
- If the accused is absent without justifiable cause at the trial, it is considered a waiver of their right to be present.
- If an accused in custody escapes, they are deemed to have waived their right to be present at subsequent trial dates until they are recaptured.
Right to Self-Defense
- The accused may be allowed to defend themselves in person if the court believes they can properly protect their rights without a lawyer.
Right to Testify
- The accused has the right to testify as a witness in their own behalf, subject to cross-examination on matters covered by direct examination.
- The accused's silence does not prejudice them in any way.
Right Against Self-Incrimination
- The accused has the right to be exempt from being compelled to be a witness against themselves.
Confrontation of Witnesses
- The accused has the right to confront and cross-examine the witnesses against them at the trial.
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Description
Test your knowledge on the rights of the accused at trial as outlined in Rule 115 Section 1. Learn about the entitlements of the accused, including the presumption of innocence, being informed of the accusation, and the right to be present with counsel throughout the proceedings.
