The counsellorship and the right to be defended by counselor

In order to a fair trial to be held and a sound judgment to be established in the criminal procedure, the suspect or accused who has faced criminal charges must be given the right of defense. Since the suspect or the accused person is in a weak position against the prosecution and trial authorities which hold public power, they need to be defended by the defence counsel. The defense counsel, who occupies the defense position in criminal procedure, is a subject who defends in favor of the suspect or the accused person, helps to reveal the material truth, ensures the equality of arms in proceedings and has the unique rights and power.In the first section of this study, the importance of the right to defense, the nature and scope of the right to it, the power of defense and its subject, and why it is essential to be defended with a defence counsel are provided. In the second section of the study, the historical development of the defense institution, the legal status of the defence counsel in the criminal procedure and the requirements of being a defence counsel are examined.In the third section of the study, the defence counsel's duties such as studying the file and getting the copy of it, to be ready to attend, consulting and corresponding with the suspect or the accused person, asking questions and requesting the notification of the proceedings, resorting legal remedies and abdicating and hiding the secrets and helping to reveal the material truth eventually perform the duty of defense with honesty and diligently which are the obligations of the defence counsel are examined.In the fourth section of the study, the problems encountered by the defence counsel in practice and the solution proposals for the elimination of the problems are provided. Keywords: Defense, Right of Defense, Counsel, Power and Obligations of the Defence Counsel