Role of Criminal Defense Counsel: Protecting Rights from Early Investigation Stages

Safeguarding Human Rights and Preventing Miscarriages of Justice from Detention

In criminal proceedings, the detention and investigation phase fundamentally determines the trajectory of the entire case. Timely participation of defense counsel guarantees procedural integrity and protects lawful rights.

1. Early Defense Access under the 2015 Criminal Procedure Code

Under Articles 73 and 74 of the 2015 CPC, defense lawyers are entitled to participate from the moment of physical detention or formal indictment. Investigative authorities must register defense counsel within 24 hours of receiving complete documentation.

2. Lawyer Presence During Interrogations and Depositions

Defense counsel has the right to be present while Investigators and Procurators interrogate suspects. A lawyer's presence prevents psychological coercion, forced confessions, or unlawful procedural shortcuts.

3. Gathering Defense Evidence and Bail Applications

Attorneys actively collect exculpatory materials and witness statements while preparing formal petitions to replace pretrial detention with bail or residential surety under statutory standards.