The defense counsels is a subject of litigation, according to Criminal Procedure Code 2003, the defense counsels includes: Lawyers; Lawful representatives of the person in custody, the accused or defendants and people’s advocates (Article 56). The Lawyer is the person who has full criteria and profession conditions pusuanting to the Law on Lawyers 2006. Lawful representatives of the person in custody, the accused, defendants are minors, persons with physical or mental defects. People advocating are the person nominated for the defending person in custody, the accused, defendants.
The defendant - the subject of one side litigation (the defense counsels, is accused directly, they have right but is not obligated to prove that they are guiltless (Article 10, Criminal Procedure Code 2003). The defendant takes part in the hearing to defend for the guilty or extenuating criminal liabilities, simultaneously it is the important evidence on the case. Only the defendant – who directly committed the criminal acts, knows fully and clearly about the case, thus they exercise their right to defense objectively and thoroughly before accusating. Therefore, the participation of the defendants in the hearing is compulsory, this is their right and obligation.
The defense counsels attending the trial is the subject of one side litigation – the side of accused. The defense counsels participate in the court in two forms, invited by the defendants and defendants’ family or requested by the Court in compulsory circumstances.
The defense lawyers are obligated to use all lawful measure to unravel the circumstances identified the accused not guilty; extenuating criminal liabilities.
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