Does an accused have rights? Rights of the Accused
Does an accused have rights? No less than the Constitution provides that no person shall be held to answer for a criminal offense without due process of law. It also contains a provisions stating that, in all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused; provided, that the has been duly notified and his failure to appear is unjustifiable.
From these provisions of the fundamental law, one who has a meager understanding of how the law words can readily infer that an accused has a list of rights that cannot be violated. The violation of these rights, of course, cannot be dealt with softly since to do so would be to blatantly disregard the Great Document which itself laid down such rights.
What are the rights of an accused?
[1] He has the right against self-incrimination.
[2] He has the right to presumption of innocence.
[3] He has the right to be heard.
[4] He has the right to counsel.
[5] He has the right to be informed of the nature and cause of the accusation against him.
[6] He has the right to speedy trial.
[7] He has the right to impartial trial.
[8] He has the right to public trial.
[9] He has the right to confront witnesses.
[10] He has the right to rebut or impeach accusations against him by presenting witnesses and producing pieces of evidence in his behalf.
[11] He has the right against trial in absentia conducted without due notice to him.
The above enumeration is a mere summary of rights provided for by the Constitution to the accused. For more details, please read Bernas on each topic.
From these provisions of the fundamental law, one who has a meager understanding of how the law words can readily infer that an accused has a list of rights that cannot be violated. The violation of these rights, of course, cannot be dealt with softly since to do so would be to blatantly disregard the Great Document which itself laid down such rights.
What are the rights of an accused?
[1] He has the right against self-incrimination.
[2] He has the right to presumption of innocence.
[3] He has the right to be heard.
[4] He has the right to counsel.
[5] He has the right to be informed of the nature and cause of the accusation against him.
[6] He has the right to speedy trial.
[7] He has the right to impartial trial.
[8] He has the right to public trial.
[9] He has the right to confront witnesses.
[10] He has the right to rebut or impeach accusations against him by presenting witnesses and producing pieces of evidence in his behalf.
[11] He has the right against trial in absentia conducted without due notice to him.
The above enumeration is a mere summary of rights provided for by the Constitution to the accused. For more details, please read Bernas on each topic.