The right to a fair trial is a basic right that is applicable to everyone in the free world by virtue of the fact that under the provisions of universal human rights and under the law, everyone is presumed innocent until they are proclaimed otherwise by a court of competent jurisdiction. A right to a fair trial is recognized and incorporated in most legal systems in the different countries of the world. Apart from its incorporation into local laws, the right to a fair trial has also been enshrined under international law. For example, this right is stated in Article 6 of the European Convention of Human Rights as well as under Article 10 of the Universal Declaration of Human Rights.

A right to a free trial is necessitated by the fact that people have the right to certain expectations regarding any accusations or presumptions against them. Without this provision under the law, people could suffer some persecutions resulting from treating individuals as criminals even when there is no cause for such. Many countries have their own variations of what the right to a free trial should entail, but some of the provisions are applicable in most countries. An example of one of the expectations under the right to a free trial includes the repudiation of arbitrary detention of individuals without any just cause or the indefinite holding of people without informing them of their offense. In most countries, there are specific laws establishing the maximum length of time for which an individual may be held without formal charging and under what circumstances the detention will occur.

Another guarantee under the right to a free trial is the right of individuals to have adequate representation in the form of a lawyer and the right of such people not to say anything that might constitute incriminating evidence without any warning from the police regarding the matter. Most countries also take into cognizance the fact that some of the accused individuals might not have the resources to fully defend themselves in which case the court will be obliged to appoint a legal representative on their behalf. Those people who do not understand the language that is spoken in a country also have the right to have some sort of interpreter who will explain the proceedings as part of the provisions of the right to a fair trial.