This question is always asked by lawyers, and it is a question asked by most people, and lawyers always face this question and other questions that are similar in meaning to the one in the title but may be a word. is different from: how does a lawyer defend someone he or she knows is guilty?
Or is the question sometimes asked, is it legal for a lawyer to defend someone he or she knows is guilty?
We will try to answer scientifically these questions and other related issues that are faced daily by a lawyer or from the general public, their clients and sometimes even people who are law abiding but do not practice.
Before answering this question, it is worth mentioning three things that I believe are a prelude to the answer to this question, three things: –
B) First of all, it cannot be said that a person has committed a crime until he or she has a final verdict in accordance with Article 13 of the Criminal Procedure Code. and shall be deemed to be innocent until the final judgment of the court, see Article 2 of Article 14 of the Universal Declaration of Civil Rights. and Policy written as follows (2. Everyone charged with a criminal offense shall have the right to be presumed innocent until proved guilty according to law).
T- The second thing to note is the right to self-defense which is one of the constitutional rights that everyone has the right to defend themselves, and a lawyer of their choice to hire if they can not afford it.
Article 6 of Article 35 of the Constitution stipulates that every detainee has the right to be represented by a defense lawyer, and if he or she is unable to do so by the government, as well as the International Covenant on Civil and Political Rights, which has been ratified by the Somali government. 14 Letter 3 describes the right to self-defense written in this way (d. To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance , of this right; and to have legal assistance assigned to him, in any case where the interests of justice so required, and without payment by him in any such case if he does not have sufficient means to pay for it).
A. In cases where a lawyer must defend the case.
There are a number of cases where the court cannot proceed legally without a lawyer or in other words a lawyer must defend the case such as: – Any case before the Supreme Court of the country, be it Civil, Criminal, Administrative, Family. or Constitutionally, the law requires that a lawyer be involved in any case before the Supreme Court.
See Articles 54, 250 and 268 of the HHMS. In any criminal case punishable by up to 20 years in prison, at any stage from 1st grade to final grade, a lawyer must be present or present at the hearing, and it is not legally permitted to inform the prosecutor. ‘aan. See Article 14, Paragraph 2, Letter B of the Judicial System Act LR3 of 12 June 1962 and Article 91 of the ICCPR.
Here it is clear that in some cases a lawyer must be present and no justice can be achieved if a lawyer is not present at the hearing, the presence or presence of a lawyer is in the interest of justice even on the part of the victim.
Let’s go back to answering the question of whether a lawyer can defend a wrong case? or the lawyer is entitled to defend someone he knows has committed a crime with the three factors in mind.
In the case of a defense, if it is a criminal case, the conscience of the lawyer is one of three things:
To make sure that his client is innocent, and that it is clear that his client is not the perpetrator of the alleged crime, this situation is easy because the lawyer is defending his client against the abuse.
To guarantee that the crime has been committed muwakilkiisu, attorney at this point is that the defense is based on two factors, namely to protect against abuse of any muwakilkiisa in potential applicant and the criminal offense to seek to ease the situation.
Acknowledging the guilt of the defendant is a private matter involving qareenkune can not be, while evidence that a crime eedaysanuhune who is guilty in the crime is the responsibility of the plaintiff.
See Articles 114 and 163 of the HHCS.
Case 3 is that there is a case of suspicion, although he has studied the case and so far nothing has come to the attention of the lawyer.
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