One common and frequent question we lawyers face is “Why do lawyers represent criminals?”

Before we address the question, let’s put ourselves in the shoes of the accused. When faced with a criminal lawsuit, won’t we prefer to be represented by someone with legal knowledge? someone who will ensure our rights is protected and procedures are followed.

Innocent Until Proven Guilty

Chapter 2 of the Constitution of Maldives 2008 (AKA Green Constitution) outlines the Fundamental rights and freedoms. Article 51 Paragraph (h) of the Constitution of Maldives ensures that every accused has the right to be presumed innocent until proven guilty. Derived from the Islamic Legal Maxim “Al-asl barâ’tudh-dhimmah” means that in principle every man is absolved from guilt, blame, or responsibility for any wrongdoing.

In any criminal case, it’s the prosecution’s onus to prove the guilt. This is where the defense lawyers’ duty to ensure that the prosecution can prove their case beyond a reasonable doubt begins

Constitutional Rights

Article 51 of Constitution of Maldives sets and defines the rights of the accused. Paragraph (e) and (h) reads as below.

(e) to have adequate time and facilities for the preparation of his defense and to communicate with and instruct legal counsel of his own choosing.

(f) to be tried in person, and to defend himself  through legal counsel of his own choosing.

And if we were to read further along into the Constitution, Article 53 Paragraph (b) states that in serious criminal cases, the State shall provide a lawyer for an accused person who cannot afford to engage one. 

As we can see, in the Constitution of Maldives not just the Maldivian citizen but every person has the right to counsel/lawyer. This could be seen as defensive countermeasures put in place to prevent the prosecutors from blindly prosecuting anyone.

Is it because they lack Ethics & Morals ?

One might easily say, lawyers, defend/represent an accused solely for the income. If not, how can they defend a murderer or a child molester?

Some might believe this as the truth. However, when a lawyer defends/represents the accused, their duty is not just to make the accused acquitted. Its true one can defend/represent themselves in a court of law. But the real question here is how many of the accused are familiar with the procedures that the courts and prosecutors have to follow. When the best time to plead guilty is or what are the defenses they could take?

For example, chapter 1100 of the Penal Code (6/2014) reads the General Adjustments to Baseline Sentences. Under the said chapter lies numerous ways in which a sentence can and should be mitigated or aggravated. To get the full benefit of the law, the laymen without the knowledge have to get a lawyer.

As mentioned before the lawyer’s job is to ensure that the accused gets the best of the law. Whether it’s a dismissal of the case due to improper procedures or getting a mitigated sentence in case the accused is found guilty.