The right to counsel is regarded as a constituent of the right to fair trial since it plays a crucial role in assisting the defendant to prove his innocence and expose the truth. Although the right to have the assistance of counsel at the trial stage has been constitutionally recognized in most countries, it is still uncertain whether or not the person, who is suspected of, investigated for or accused of a crime has the right to be assisted by counsel during the preliminary investigation stage. As such, this study aims to shed light on the right to assistance of counsel as a fundamental right of criminal defendants. It also aims to explore whether it is possible to enjoy such right at the stage of preliminary investigation, and if so, what is the consequence of denying this right.

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Criminal Law Commons