Power of Defender and Attorney to Examine Documents During the Investigation Phase

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In practice, during the investigation phase, lawyers acting as an attorney or a defender can be asked to present power of attorney in case they ask for examination of documents. Article 153 of Code of criminal procedure recognizes the right of attorneys or defenders to examine documents without conditioning this right to the presentation of power of attorney. Declaration of a lawyer acting as attorney or defender shall be trusted and he/she shall examine the documents related the investigation phase without presenting the power of attorney. Imperative provisions of articles 2/3 and 46/2 of Legal Profession Act requiere the above.

1491

Investigation phase , Document examination , Deision of restriction , Power of defender to examine documents , Presentation of power of attorney , Right of attorney to refuse the case.

Hukuk Araştırmaları Dergisi

1539

Hukuk Araştırmaları Dergisi