حق المتهم في الاستعانة بالمحامي : دراسة مقارنة

Abstract EN

The first person for detainee tries to contact is the family or the relatives because, through them, the person can get advocate (lawyer) and other supports, but important this first is to inform the detained person has right to contract advocate , because it will give feeling secure and calmness in the mind of the detainee, also inform the detainee about his /her rights and the duties to carry out in order to have defense against the accused crime of.

The lawyer will play monitoring role about the range of the rights of detainee enjoy it at that stage, But if there is not lawyer for the detain to contact him/ her or contracted the lawyer but did not respond or the respond of denied or unable to assign lawyer, the state must appoint a lawyer, also taking into consideration the idea of the detainee on the lawyer.

Thus, intentional, local agreements and constitutions of countries urged of this right for the accused person, but regarded it as the constitutional priority rights of the accused person.

And starting point and on base of the rule (accused person is innocent until conviction is proved).

To protect and maintain human rights we have to ensure this right at the initial trail stages which starts with elementary investigation.