Abstract

Defence’s privilege is a special type of privilege enjoyed by legal professionals, especially solicitors (advocates). It may be perceived as a functional privilege related to the performance of a specific function in the legal protection system. The legal basis is formed by the constitutional values – the right to defence, the principle of the presumption of innocence, and the provisions of the Code of Criminal Procedure.

The article aims at determining the objective scope of the privilege, whom does it concern and its time span. The study indicates also the „beneficiaries” of the defence’s privilege and their rights with respect of to disposing of the object of the privilege, including the potential right to waive protection or allow other people to share privileged information. The analysis also answers the question who is entitled to have access to privileged information, what is the scope of being bound by the privilege and the duties of those who are entitled to have access to privileged information and those who share it. The article also defines the criteria of access to privileged information, who controls its secrecy and who may lift the duty to keep it secret.

The study also describes the techniques for processing privileged information, both on paper and electronic. It also attempts to answer the question whether privileged information may be made available electronically and whether this does involve any consequences. The analysis refers also to the sanctions for illegitimate disclosure of privileged information. The article also describes the relations between defence’s privilege and other legal professional privileges, as well as potential problems related to the overlapping of privileges.