Prosecutor vs. Defense Lawyer

When we talk about criminal law, it's common to think of the defense lawyer - the professional who protects the rights of someone accused of a crime, seeking to prove their innocence or guarantee a fair trial. However, in addition to the defense lawyer, there is also the essential role of the prosecutor.

What is the role of a defense lawyer?

The defense lawyer is responsible for ensuring that the defendant's rights are respected throughout the criminal proceedings. For example, if a person is accused of murder, they become a defendant in a criminal case. In order to defend themselves against this accusation, the defendant will need a lawyer who can guarantee their defense.

It is important to understand that being accused of a crime, such as murder, does not automatically mean that the defendant is guilty. In law, there is the principle of the presumption of innocence, which states that a person can only be considered guilty after due legal process. However, if the defendant does not present a defense, they can be found guilty in absentia, which means tacit acceptance of all the allegations made by the prosecution.

The role of the defense lawyer, therefore, is to ensure that all the rights of the accused are preserved, whether they are innocent or guilty. The defense lawyer works to ensure that the trial is fair and in accordance with the law.

What is the role of a prosecutor?

On the other hand, there is the prosecutor, who acts mainly in private criminal actions. This occurs in crimes such as slander, defamation and libel, where the role of the Public Prosecutor's Office is generally not necessary. In cases like these, the victim or their representatives can hire a prosecutor to promote the criminal action and seek the conviction of the accused.

In addition, a prosecutor can also be hired in cases of crimes with greater repercussions, such as domestic violence, psychological violence, property violence, stalking crimes and embezzlement.

Even in crimes of public interest, such as murder, the victim's family can hire a prosecutor to act on their behalf. This lawyer works together with the prosecutor, strengthening the case and helping to ensure that the victim's interests are fully represented in the proceedings.

Why hire a prosecutor, even when there is a public prosecutor?

Although the Public Prosecutor's Office plays a key role in prosecuting crimes, prosecutors often face a heavy workload, which can limit their ability to devote their full attention to each case. For this reason, it is recommended that victims or their families hire a prosecutor who can focus exclusively on their interests, complementing the work of the Public Prosecutor's Office.

Relying on a prosecutor can increase the chances that the case will receive the detailed attention needed to achieve a fair and satisfactory outcome.

How can we help?

If you have any questions about the role of a defense or prosecution lawyer, or if you need specialized legal assistance, please get in touch! We are available to help you with any issue related to criminal law.

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