Do not speak in front of the investigator and the judge without a lawyer!
The presence of a lawyer with the accused is essential, particularly during the investigation processes, the judicial processes, and the delivery of the sentence. Whatever position you are considering. Article 4 of the Code of Criminal Procedure establishes that: "Every accused has the right to request the assistance of an attorney or lawyer to defend him during the investigation and trial stages." This text was restricted to the knowledge of the accused of his rights, and it is not a duty for the party who arrests him! Inform the accused of this right; Most of the cases that can be victims of those who do not know their legal rights are resolved.
The presence of a lawyer is an important and necessary matter in some cases since the defendant can see that by hiding some information or showing some points of interest, while he is against him, and he does not know it, given his ignorance of the law or being affected by the factor of dread and fear that a judgment against him could affect him. In his financial responsibility, either take away or restrict his freedom, or you can destroy his life entirely!
We note that 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 these regulations allowed the lawyer to have access to the file but left the office to investigate. a space in which you can carry out the investigation with the accused in times of the lawyer's absence, depending on the circumstances of the case. And the extent of its sensitivity and the association of it with other subjects or individuals.
Shortcomings and defects
Dr. Majid Karoub, a lawyer, affirmed that the issue is dangerous and delicate, and is related to achieving justice for the human being, considering that the problem begins with the legislative authority, which has not been able to establish a clear system of criminal procedures. , especially in light of the absence of a general penal law in the Kingdom, in addition to the problems. And the various deficiencies of the control, investigation, and prosecution authorities, either in their human and material capacities or in the poor legal and legal qualification and training of some. This generated deficiencies and defects in the tasks and tasks, reinforced by the negative view of the lawyer, and his real role in the demonstration of justice and the proper application of the system, since this contributed to dealing with the accused or detainees in the manner of government. administrative work characterized by the completion of transactions, and not according to the logic of truth, justice, and equity, according to him. -Who begins to read the rights of the detainee, the reason for the accusation and his arrest, and the right to seek the assistance of a lawyer at the time of his arrest.
Dr. Karoub demanded that the lawyer participates in the preliminary investigation stage with the confiscation authorities, before referring him to the investigating authorities - which should not initiate their investigations before the availability of a lawyer for the accused - provided that the investigation begins by clarifying the crime to the accused, for which he is investigated, indicating that this matter was sued by Lawyers from different regions of the Kingdom of Saudi Arabia and was previously requested by the Lawyers Committee more than two years ago, and the control authorities and The Investigation and the Prosecutor's Office are still studying the possibility of implementing this request.
He added that the participation of a lawyer is a legal requirement that contributes to the achievement of justice, and is assumed and must be provided in accordance with ethics, principles, and rights, noting that society suffers from extreme poverty in the knowledge of the information on human rights and human rights. legal duties and this poverty extend to some members of the legislative, judicial, human rights, and justice authorities; Due to poor education, lack of training, conflicting regulations, and lack of numbers and capabilities compared to the size of the job and problems.
The right to silence
Bandar al-Muharrij, the lawyer, highlighted the need to enact a system that gives the accused the right to remain silent and appoint a lawyer, except in the event that he loses his right to a lawyer and decides to defend himself, as the responsibility lies in him in this case, and the most important thing is that after the arrest of the accused, familiarize him with the type of accusation before questioning him, and leave the traditional questions that can give rise to bilateral accusations outside the basis of the original case to be mentioned.
He pointed out that everyone is responsible for himself, since every law or system stipulates in its last two paragraphs that the validity of the system begins after a period of its issuance and announcement, and the law is by virtue of what is known. to all, so that the Investigation and Prosecution Authority is not obliged by this law to clarify the rights of the accused during the investigation period, and has no right to refrain from responding if he does not know his rights.
Al-Muharj considered that many people do not have full knowledge of their legal rights; Due to ignorance, simplicity, and, on occasions, naivety, even if we suppose that the legislation has reached them, it is possible that they do not comply with what has been indicated, for which we cannot hold the investigating authorities responsible. Because this is not their responsibility, and the judicial and investigative authorities are not obliged to assign a lawyer to the defendant unless he requests it himself, but in the event that a lawyer is present, these authorities must allow him to see the file and allege in the cases of his client unless the nature of the case requires the presence of the accused. That the presence of a lawyer for each defendant before the investigation should be submitted to the Shura Council while he is studying it, and if he supports it, it is referred to the Council of Ministers, then to the experts, and then to the Supreme Court. Court.