In this article published in Vozpópuli, Juan Ignacio Apoita analyses the constitutional scope of the right of defence and, in particular, the right to freely choose legal counsel in criminal proceedings.
Drawing on a recent judicial decision that refused to adjourn the questioning of a person under investigation following a change of counsel just a few days before the scheduled questioning in a complex case, our Partner argues that the freedom to appoint a lawyer of one’s choice cannot be regarded as a mere procedural concession. It is an essential safeguard of the rule of law, recognised both by the Spanish Constitution and by European and international law.
The article emphasises that the lawyer-client relationship is built 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 the case and prepare the defence, particularly in complex proceedings.
It also warns that procedural efficiency cannot take precedence over fundamental rights. The mere formal presence of a lawyer is not enough where 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 .