In this article published in Vozpópuli, Juan Ignacio Apoita analyses the constitutional scope of the right to defence and, in particular, the right to freely choose legal counsel in criminal proceedings.
Drawing on a recent judicial decision that refused to allow a person under investigation to change legal counsel just hours before a key statement was due to be given, the author argues that the freedom to appoint a lawyer of one’s choice cannot be regarded as a mere procedural concession. Rather, it is an essential guarantee of the rule of law, recognised by the Spanish Constitution as well as by European and international legal instruments.
The article highlights that the lawyer-client relationship is founded on trust, a shared strategy and a genuine opportunity to prepare an effective defence. Accordingly, when a person under investigation decides to change legal counsel, the court should allow the newly appointed lawyer sufficient time to take on and prepare the case, particularly in complex proceedings.
Apoita warns that procedural efficiency cannot take precedence over fundamental rights. The mere formal presence of a lawyer is not enough if there is no genuine, properly prepared legal defence based on the client’s trust.
You can read the full article in Vozpópuli: El derecho de defensa no admite limitaciones .