The primary duty of defense counsel is to represent the accused in a lawful and ethical manner. If the counsel fails to appear in court, withdraws from the proceedings, or refuses to perform their duties, the court initiates the appointment of a new defense counsel. In such cases, the court may decide to adjourn or postpone the hearing.

If the new counsel requires time to prepare a defense, the hearing is postponed.

Defense counsel appointed for suspects or convicts accused of organized crime or terrorism offenses may be prohibited from continuing their role if there is a pending criminal case against them for these offenses. During the prohibition, the counsel is not allowed to visit the suspect in detention facilities. The prosecutor's request for prohibition is evaluated by the judge or court, with the option to appeal. If the prohibition is lifted upon appeal, the counsel may resume their duties.

The prohibition may be issued for up to one year, subject to an extension twice for an additional six months each, if deemed necessary. If a non-prosecution decision or an acquittal is issued, the prohibition is automatically lifted.

When a prohibition is enforced, notification is sent to the relevant bar association to appoint a new defense counsel. 

The defense counsel is obligated to assist in uncovering the material truth while ensuring the best defense for the client. In cases where a confession would be in the client’s best interest, the defense counsel may suggest it.

According to Article 36 of the Attorneyship Law, attorneys are bound by a duty of confidentiality. In situations of conflict of interest, the attorney cannot represent both parties.

This article was written by Attorney Hüseyin Bayar, founder of Bayar Law Firm, and belongs to Bayar Law Firm. It cannot be copied or used without permission.