The right to counsel

Defendants have the right to a defense counsel not only in the investigative stage but also during the trial. The Criminal Procedure Act provides it illegal to have a person appear in court without an attorney if the defendant, at the time of the arrest, is a minor, is an elderly of 70 years or more, has difficulties in hearing and speaking, or is suspected of having a mental or physical disability or if the defendant has been indicted with a crime that is subject to capital punishment, life imprisonment, or imprisonment of three year or more. Therefore, if the defendant has no defense attorney, the court appoints a public defender for the defendant. In addition, the court also appoints a public defender when it is needed to protect the rights of the defendant since the defendant is unable to afford a lawyer due to his/her destituteness, or it is needed in light of the defendant’s age, intelligence level and level of education. Furthermore, public defenders are also appointed for defendants who choose to be tried by jury. Before the indictment, a public defender is appointed if defendant does not have a lawyer when an arrest warrant has been issued against the defendant and the defendant has to undergo a warrant examination or examination of legality of detention before a judge.