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In this article the position of the lawyer in the pre.trial procedure will be discussed in the light of the judgements of the European Court on Human Rights (ECHR).Although the ECHR only gives judgements in individual eases，the rulings of the European Court are of great importance to the 40 European parties to the European Convention on Human Rights.The Convention is directly applicable in the participating member states and judgements given by the ECHR in individual cases，can for that reason have great effects on the national criminal codes and procedure.