One of the most important features of the rule of law is the right of defense being on the forefront. The right of defense is revealed as an indicator of right of being judged fairly. In this context, the lawyer is accepted as the security of freedom of looking for rights.
The profession of advocacy is based on the Advocacy Law No. 1136. In the second paragraph of the 1st title of the Advocacy Law No. 1136, it is emphasized that the lawyer presents independent defense, which is one of the founding factors of judge, freely.
Democracy has been subjected to different interpretations in time and has been perceived in various ways. However, it is crucial to state that; conception of the state of law is an indispensable complement of democracy in contemporary democracy interpretation.
Primarily, the state of law is a state by which political power is restricted. When we say the state of law, it is understood “the state which adheres to laws”. However, it does not mean “ruling state”. Non-democratic constitutional state is also a ruling state. In an absolute majority state, the just purposes of laws and fair practices are dependent on the will of government.
In the previous article, I emphasized the profession of advocacy in this context and I mentioned the importance of being a criminal lawyer in criminal cases.
Questions and problems I have faced in time made it necessary to take the issue on the forefront again.
In this article, the features that must be present in a criminal lawyer will be examined and responsibilities and requirements of being a criminal lawyer will be mentioned.
I will consider the subject under four titles as general introduction, problems faced in criminal cases, importance of being a criminal lawyer and general evaluation.