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Q&A
When does the attorney-client privilege apply?
The attorney-client privilege encompasses everything that a lawyer learns in connection with defending a client. This privilege is not limited to the period after the formal appointment of the defense attorney. A lawyer is obligated to keep confidential all information obtained from a client who may anticipate being involved in criminal proceedings. In other words, the attorney-client privilege operates retroactively.
Can only the suspect or accused appoint a defense attorney?
No, a defense attorney can also be appointed by a close relative if the accused is deprived of their liberty.
Must the defense attorney act solely according to the client's instructions?
The defense attorney in a criminal process operates independently regarding the chosen defense strategy. The attorney must always act in the best interest of the accused. In extreme cases, the attorney may take actions that benefit the accused even if the accused does not agree with them. The attorney cannot act under anyone else's directives; hence, they cannot be employed in a way that allows others to issue binding orders to them.The defense attorney submits their own appeal (not an appeal on behalf of the accused—who may file an independent appeal against the verdict). In certain situations, the presence of the defense attorney may be mandatory even if the accused is not required to attend.