In criminal proceeding the defendat has the right of self-representation or to be represented by an attorney of its own choice. However, if there are not enough funds to pay the defender, the defendat has the right to free counsel under the conditions that are prescribed by the law. The defender is defined as an authorised person of the defendants in which their legal knowledge and process skills help the defendant in finding and establishing the facts in his favour, making the application of the regulations for the defendants the most favorable and to help him to be able to use procedural rights. The legal position of the defender is related to the position of the defendant, therefore, the defender may take all actions in criminal proceeding same as the defendat. During the course of criminal proceedings, defender confronts charges and allows for contradiction and equality of arms in court proceedings and in this way contributes to making the best decisions for the defendants. Due to the direct influence of criminal law of the European Union, there has been up to the last in a series of amendments to the criminal procedure code. The novel strengthens the legal position of the defenders, greatly improving his rights and extend its capabilities, especially in the earliest stages of criminal proceedings, while taking evidential store. The new role of the defender is going to show their prompted thorough preparation which involves professional education and qualifications.