Defendant’s Counsel

The counsel is the attorney whose role is to defend the defendant’s rights in the legal process. Every person accused in a case has the right to be assisted by a counsel. Hence, if one does not have a counsel, a Public Defender will be assigned to them, or if not available, an attorney.

The defendant has the right to be accompanied by their counsel in all procedural acts in which they participate. In some of these acts, the presence of the counsel is mandatory.

Representing and defending the rights and interests of the defendant, the counsel plays an active role in the process. This involves presenting or requesting the production of evidence, participating and asking questions during the defendant’s interrogations and the interviews of witnesses and the victim, and appealing decisions with which they disagree, among other duties.

The victim might feel uncomfortable with some of the questions posed by the defendant’s counsel, feeling as though their experience is being questioned or invalidated. It’s crucial to remember that the role of the defendant’s counsel is to defend the defendant's interests. If any question crosses the boundaries of what is allowed, it is up to the judge to intervene, maintaining the order and discipline of the trial.

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