Abstract
The normative value of defence rights has increased since the second half of the 20th century.They became fundamental rights of the trial. They’ve been gradually guaranteed in every proceedings,even in non-judicial ones. Therefore, the defence rights apply to all persons who are deprived of liberty. The defence rights are clearly enshrined because the lawyer can defend all types of persons who are deprived of liberty. However, one of the purposes of the defence rights is the benefit of a “practical and effective” defence. Do all persons deprived of liberty benefit from this effective defence ? Although the lawyer takes part in the proceedings when a person can be deprived of their liberty, it is not enough to make the defence effective. In order to achieve this goal, all the rights of defence must be guaranteed, respected and easily exercised. However, our study has shown that the rights of defence are often prejudiced to the point where the defence cannot be totally effective. We will try to research the reasons for these prejudices – studying the laws in France and other European countries – so we can make a proposal to improve the defence of the persons deprived of liberty. These proposals modify the intervention and the mission of the lawyer and will make the defence more efficient instead of effective. Indeed, the deprivation of liberty has such an effect on the rights of defence that it cannot be sure the persons deprived of liberty can have an effective defence. Nevertheless, proposals can be made so the defence can produce its effect and therefore be efficient