Right to benefit from defense counsel and its restrictions

The purpose of criminal procedure law is to find the material truth. However, judgment cannot be made at all costs. As a requirement of Rule of Law, the suspect / accused should be reminded and given their rights. In other words, the judgment should be conducted fairly and honestly. One of the most important rights that the suspect / accused can demand within the framework of the right to a fair trial is the right to benefit from the defense counsel. In our study, first of all, the right to benefit from defense counsel has been tried to be justified. Then, in the second part, the regulation, content, legal nature of the right to benefit from the defense counsel, the waiving of the right, the necessity of benefiting from the defense counsel and the ways of benefiting from defense counsel are discussed. Thus, the right to benefit from defense counsel has been explained. In the last part of the study, it was evaluated whether the restriction of the powers of defense counsel would violate the right to benefit from defense counsel. In this context, the authority of defense counsel to meet and correspond with the suspect / accused , the authority of the defense counsel to examine the case file and the power of defense counsel to be present at court were examined. Undoubtedly, the right to benefit from defense counsel constitutes a guarantee for the suspect / accused to perform his defense in criminal procedure effectively.