Improving provisions of the 2015 Criminal Procedure Code on the rights of defence counsels

Abstract

Defence is one of the three basic functions of criminal procedure (besides the functions of accusation and trial). Defence plays an important role in ensuring the legitimate rights and interests of the accused. In order to effectively exercise the defence function, defence counsels are provided with quite adequate rights by the 2015 Criminal Procedure Code (CPC). However, in the process of exercising these rights, many shortcomings have arisen. This article focuses on studying the problems of the 2015 Criminal Procedure Code regarding the rights of defence counsels and the protection of such rights specified in Articles 73, Article 80, Article 81, and Article 82 of the 2015 Criminal Procedure Code, and proposes directions for amendment and supplementation of these provisions in order to ensure that defence counsels can effectively perform their defence function in criminal cases.