Information for defendants

The role of the defence counsel

The accused has the right to be informed of the subject matter of the indictment, i.e. the one he or she is accused of, before a report is made to the police. During the course of the police investigation, the defence counsel may always be present when his client is questioned.

• The defence counsel may speak privately to the accused about all matters concerning the defendant and shall protect the interests of the accused and maintain a defence before the accused in the event that the case is brought before a court.

• The role of the defence counsel is to highlight in the case everything that may be done to the accused for acquittal or benefit and to protect his or her right to the fullest.

• The defence counsel may visit the accused in prison and discuss the case with the accused while the accused is being held in custody.

• After the indictment has been issued, the defence counsel shall have the right to be present at all court hearings in the case and the judge shall inform the defence counsel of this.

• After judgment has been delivered in a case, it is the role of the defence counsel to guide the defendant in the next steps, e.g. on appeal if the verdict of the court was a conviction.

• The duty of confidentiality rests with the defence counsel regarding what the client confides in him or her about his or her attitude towards the crime or other matters that he or she has discovered in his or her work as a defence attorney.