– Representation of an Attorney in the Courts
Article 185 – In all criminal acts, parties to the claim can choose and introduce their own attorneys. The trial date will be communicated to the accused, complainant, private plaintiff and their attorneys. In the case of numerous attorneys, the presence of one attorney from each party is sufficient.
Article 186 – The accused can request that the court find an attorney for him or her. If the court assesses that the accused cannot afford one, an attorney will be assigned to the accused among the attorneys at the same District Court, and if there is no one available, then an attorney will be assigned from the closest district court. If the attorney requests a fee, the court will determine the fee according to the task and the fee should not exceed the legal tariffs in any case. The mentioned fee will be charged to the respective judiciary budget line.
Note 1- In crimes for which the legal punishment is retribution, execution, stoning or life sentence, and if the accused does not introduce his or her attorney, assigning a public defender is a must, except for an unchaste crime in which the accused refuses the presence or introduction of an attorney.
Note 2- In all criminal acts except those mentioned in Note 1 of this article, or in cases in which the sentence in absentia is not possible, if the accused has an attorney, communicating the date of trial to the attorney is sufficient, unless the court requires the presence of the accused.
Article 187 – The request to change a public defender by the accused is only accepted in the following cases:
A- When there is a relationship (up until the third degree) between the public defender and any of the parties to the claim.
B- The public defender is either a guardian of or servant to one of the parties, or any of the parties is a steward, manager, or the spouse of the defender.
C- The Public defender, his or her spouse, or children is/are a heir to one of the parties.
D- If the public defender has already testified in the same case as a magistrate, arbitrator, specialist or a witness.
E- If there is or has been a legal or criminal case between the public defender, and one of the parties, or their spouses, and less than two years has passed since the definite court order.
F- The public defender or his or her spouse or children have personal benefits in the raised case.
