Most people gained their knowledge about the law and about the role of criminal defense lawyers in particular from serials and dramatic films that embody the court in a way that is far from the truth, which led to the spread of false ideas and beliefs about the task of the criminal defense lawyer towards his client and the direction of achieving justice, which creates doubts in people’s minds on this subject.
This role is understood only by those who have studied law or at least read some of its references, because only then will he know that even a criminal defense attorney is obligated to apply justice even if he is defending a person accused of violating the law or committing a crime by adhering to a set of principles that are forbidden to be violated This is what we will learn about today in this article.
What are the obligations of a criminal defense attorney?
– The criminal defense attorney is obliged to keep all the secrets of the accused that he gave to him in the course of the case and is strictly prohibited from telling them to anyone, even if the court itself requests it because according to the law, the criminal defense attorney must defend his client until the last minute before the verdict without Reveal his secrets unless he asks for it.
The criminal defense lawyer is prohibited from informing the court of the accused’s confession of the crimes against him, and if he does so, he will be punished before the law for exceeding the limits of his profession and his obligations with his client.
The criminal defense lawyer can give his client the right to choose whether he wants to confess his crime before the court, and he has the right to withdraw from that according to the law of the constitution. The lawyer is forbidden to make his client’s statements without his consent.
– The criminal defense attorney is not responsible for finding evidence and searching for the truth of his client’s innocence, but his role is to defend him only by achieving his innocence or at least reducing the penalty for him by studying the accusation directed at him, the statements of the accused and the evidence in the court, whether they are for him or against him.
-The decision of the accused’s innocence or conviction rests with the judge alone after he studies the defense file issued by the accused’s criminal defense attorney and the Public Prosecution file filed against the accused.
Exceptions allowed for criminal defense attorneys
The criminal defense lawyer working in the private sector has the right to reject a case and not defend the accused for special reasons or for reasons that only he knows. The important thing is that he has the option of rejecting or accepting any case he works on.
On the other hand, the court’s criminal defense attorney is obliged to represent persons accused in criminal cases who do not have the ability to appoint their own attorney.
The task of the criminal defense lawyer is basically to clarify the features of the case for the accused, present all possible information and options to him, and explain the consequences of the decisions he takes because he is the only one who decides what the lawyer will do before the court.
The defendants in any criminal cases, before assigning a criminal defense attorney, must say that this attorney is human-like and does not have a magic wand to acquit them of the charges against them, otherwise, all the criminals would be out of prison now. In this case, without lying or falsifying the facts, this will only bring them serious consequences and will make the matter worse for them, so it is better, to be frank from the beginning until you come out with the least possible losses.
The lawyer’s task lies in representing the accused before the court and making his requests, in addition to guaranteeing his personal rights inside prison, but as we mentioned previously, the guilt or innocence of the accused rests with the judge alone.