The opportunity for effective defending provides that all preliminary investigation material concerning a suspect, on which basis the police will present imprisonment, is brought to the attention of the suspect. To the issues related to crime investigation, the suspect does not have access to all material with each other. Various interests such as publicity regulations and legal principles will be in conflict.

The objective of this thesis was to examine suspect´s defending process in the imprisonment trial, the entire process from the preliminary investigation to the imprisonment trial and all those matters which the court will take into consideration when making the decision on the imprisonment. Since effective defending is influenced by the availability of preliminary investigation material for the use of defense, publicity of preliminary investigation and the related documents of the defense are also essential. Furthermore another objective was to examine the preconditions for the deprivation of liberty and how those preconditions extension to display to be presented in imprisoning trial.

Theoretical background consists of the law in force. According to the source hierarchy, essential sources are preliminary works of the law, judicial decisions, legal literature and articles by professors of law. Research methods employed here were juridical and qualitative method by theme interviewing three experts.

The publicity of preliminary investigation documents is restricted by a secrecy regulation. Having those documents for the use of the defence before imprisonment trial depends entirely on the grade of the crime; in case of a serious offence it is impossible. In the final analysis, it is of no significance, the purpose of imprisonment trial is not to solve the suspects’ question of guilt but evaluate the fulfillment of imprisonment conditions. Preconditions for the deprivation of liberty are divided in to two groups: general and special preconditions. General preconditions include the crime itself and relative coercive means to the seriousness of the crime. Special preconditions include the risk of avoiding preliminary investigation or court, the risk of hampering preliminary investigation and the risk of continuing criminal acts. Also probability grading is essential. The evidences that the defense can present on these preconditions, can exclusively be in written form, for example medical certificates.

Consequently, it can be concluded that defending oneself in an imprisonment trial is procedurally not in big role when the suspect has already plead guilty. This being the case, it is more significant to traverse the special preconditions and to demonstrate the facts supporting it. By obeying the principle of contradiction, every party of the case is to have equal opportunity to present their opinion in a trial.