The importance of the lawyer's presence with the accused during the stages of Investigation and trial
The presence of a lawyer with the accused is necessary, especially during investigative processes, judicial proceedings, sentencing. Whatever situation you are considering, Article (4) of the code of Criminal Procedure states that: “Every accused person has the right to have the assistance of a lawyer or agent to defend him during the investigation and trial phases.” However, this provision was limited to the mere knowledge of the accused of his right, and did not oblige the authority arresting him to inform him of this! Therefore, the accused should be informed of his right, since most cases in which the victim is people who are unaware of their legal rights can be avoided by simply knowing about these rights.
The need for a lawyer and the impact of his absence
The presence of a lawyer is not just a formality, it is a decisive factor in some cases, where the accused may believe that concealing some information or providing some explanations may be in his favor, while it may be against him unknowingly, due to ignorance of the law or influenced by fear of issuing a verdict that may materially harm him, take away his freedom, or even It completely destroys his life!
Governing laws and regulations
The regulations in force in the Kingdom have guaranteed the right of the accused to seek the assistance of a lawyer during the investigation period, and allowed the lawyer to view the file, but they kept space for the competent authorities to conduct the investigation in the absence of a lawyer according to the circumstances of the case, its sensitivity and its connection with other parties or subjects.
Shortcomings and shortcomings of the judicial system
Dr. Majid Krupp, a lawyer, explained that this issue is sensitive and related to the achievement of Justice, pointing out that the problem starts from the lack of a clear Criminal Procedure system, especially in the absence of a general Penal Code in the kingdom, in addition to the shortcomings in the regulatory and investigative bodies in terms of human cadres and material capabilities, and poor qualification and legal training for some. All these factors led to an imbalance in tasks and procedures, increased the negative perception towards the lawyer, which contributed to the treatment of defendants and detainees according to purely administrative procedures, and not according to the logic of justice and fairness.
The importance of the lawyer's participation in the initial stages of the investigation
Dr. Krupp demanded that the lawyer should have a role in the preliminary investigation stage, before referring the accused to the investigative authorities, so that the investigations begin only after the presence of a lawyer for the accused, with the need to clarify the charge against him from the beginning. He stressed that these demands have already been submitted by lawyers from various regions of the Kingdom, and the Lawyers ' Committee has been discussing them for more than two years, but the competent authorities are still studying the possibility of implementing them.
The right to silence and clarification of legal rights
For his part, lawyer Bandar Al-muharraj stressed the importance of adopting a system that grants the accused the right to silence, and the need to raise his awareness of his legal rights, as he must be informed of the type of charge before questioning him, while avoiding questions that may create Side charges unrelated to the original case.
Al-muharraj explained that the judicial authorities are not obliged to appoint a lawyer for the accused unless he requests it himself, but if there is a lawyer, he has the right to view the case file and defend his client, unless the nature of the case requires the presence of the accused himself. He added that submitting the proposal to oblige the presence of a lawyer in all cases to the Shura Council is a necessary step, where it is subject to study, and if approved, it is submitted to the Council of ministers and then to the competent authorities for official approval.
