A lawyer is a person who represents his or her client in terms of any legal matter before authorities as a legal assistant. The key task of a lawyer is to protect the legal rights of the clients based on the corresponding constitutional means. According to the Federal Attorney’s Code (or simply BRAO), a lawyer should be considered as an “independent body of justice”, he or she must accompany the clients in a legal, conflict-avoiding, conflict-setting manner.
The Universal Declaration of Human Rights upholds the principles of equality before the law. the presumption of innocence. the right to a fair and public hearing by an independent and impartial tribunal and all warranties are required to defend a person charged with a criminal offense.
The International Covenant on Civil and Political Rights, moreover, proclaims the law to be tried without undue delay. and the right to a fair and public hearing by a competent independent and impartial law-based court.
The International Covenant on Economic social and cultural rights refers to the obligation incumbent on States under the Charter to promote universal and effective respect for human rights and freedoms.
The policy statement for the protection of all people subject to any form of detention or imprisonment states that a person held in detention is entitled to it to receive the assistance of a defender to talk with this contact and to consult with him.
In particular, the minimum principles for the treatment of prisoners recommend that legal assistance and confidential contacts with a defense counsel for prisoners not yet sentenced should be guaranteed.
The guarantees for the protection of the rights of persons who face the death penalty affirm the right of everyone is suspected or accused of an offense punishable by death, for adequate legal assistance at all stages of the procedure, in accordance with Article 14 of the International Covenant on Civil and Political Rights.
– The Declaration on Basic Principles of Lawful Treatment of Victims of Crime and Abuse of Power recommends taking action at international and national level to improve access to justice and fair treatment, redress, compensation and assistance to crime victims.
– Adequate protection of human rights and fundamental freedoms, to which everyone is entitled if they are economic, social, cultural, civil and political, presupposes that everyone has effective access to the services provided by an independent lawyer.
– Professional associations of lawyers have a crucial role to play in respecting professional codes of conduct and honorary obligations by protecting their members from persecution and undue restrictions and impairments, providing legal services to all persons assigned to them and cooperating with governmental and other bodies in order to: Promoting justice and the public good.