The Advocate in the Canonical Criminal Trial
The article attempts to identify some peculiarities of the advocate’s role in canonical criminal proceedings, including the prior investigation. He is a guardian of the right of defence, providing expertise on procedural and substantive aspects. He does not per se have to prove the innocence of the accused, but the insufficiency of the accusation. Its necessity and the possibility of self-defence are discussed, as well as the mandate and its possible termination. The defender has duties towards the defendant (even if guilty) and towards the truth: a balance that is not always easy to achieve. Hints on the advocate’s relationship with witnesses (especially with minors) and other professionals acting in the trial.
Keywords: canonical criminal proceedings; right of defence; technical defence and selfdefence; mandate and its termination; relations with witnesses; relations with promoter of justice and judges.