Bill would set out the right to defense and lawyers' role

Automatic summary, not yet reviewed

1. The bill would regulate the right to defense, recognized in Article 24 of the Spanish Constitution as a fundamental right, and leaves its development in each field to procedural laws.
2. It defines the right to defense as the set of powers and guarantees that let people protect their rights before courts, public administrations and other dispute resolution channels. It includes access to courts, proceedings without undue delay, evidence and, in criminal cases, rights such as not testifying against oneself and the presumption of innocence.
3. It would give people the right to legal assistance, to freely choose their lawyer, to receive clear information about the case, costs and the option of free legal aid, and to be heard before decisions affecting them.
4. It would guarantee the confidentiality of communications between lawyer and client, professional secrecy and the lawyer's freedom of expression in proceedings. It would also set duties: acting with loyalty, avoiding conflicts of interest and using the justice system's electronic tools.
5. Bar associations would act as guarantors of the right to defense: they would monitor compliance with ethical rules, handle client complaints and sanction conduct that endangers that right.
6. The bill would have the status of an organic laworganic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes., although many of its articles would be ordinary law. It would take effect twenty days after publication in the official state gazette.

Who it affects

• All individuals and legal entities: They would hold the right to defense and the rights to information, legal assistance and to be heard.
• Lawyers: They would receive guarantees such as professional secrecy and freedom of expression, and would have duties of loyalty, good faith and use of electronic tools.
• Bar associations: They would act as guarantors of the right to defense and handle complaints and sanctions.
• People with few resources or in vulnerable situations: They would have the right to free legal aid in the cases established by law.
• State and public administration lawyers: The law's guarantees would apply to them, with specific rules on conflicts of interest and bar membership.

Words worth knowing

Ley orgánica (organic law)

A type of Spanish law reserved for major matters, such as fundamental rights, requiring a special majority to pass.

Deontológico (deontological)

Relating to the ethical duties and standards of conduct of a profession.

Colegio profesional (bar association)

A mandatory organization grouping professionals in a field, such as lawyers, that oversees their practice.

Asistencia jurídica gratuita (free legal aid)

The right to a lawyer paid by the State when a person lacks sufficient resources.

Indemnidad (indemnity)

Protection from negative consequences for exercising a right, here the right to defense.

organic law

A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries