In the event of a wrongful death, an attorney will assist with civil lawsuits for families who have lost loved ones through negligence or wrongful acts on the part of others. This is commonly known as the Wrongful Death Attorney, in which the attorney is tasked with upholding justice when a problematic death occurs.
However, not infrequently what emerges in people’s minds tends to lead to the question of why a lawyer is still defending a guilty person. This usually happens because it is the suspect who appears as the perpetrator but there is no official court decision yet. In this case, the lawyers are still trying to gather evidence.
It should also be noted that the suspect or defendant still has the full right to be accompanied by a lawyer. In fact, this is stated in Article 54 and also Article 55 of the Criminal Code or Criminal Code. The lawyer’s job is to uphold justice in the interests of the defense even though the person is a suspect.
Each defendant is still entitled to get legal counsel as long as it is within the allotted time. At each level, the defendant has the right to determine his own legal adviser who will uphold justice for him. Even though it is true that there is a problem, with the help of a lawyer, of course, the sentence that will be given can be reduced.
Well, the mitigation in question is the correct punishment in accordance with the mistakes made. A wrongful death attorney himself must really be able to uphold justice according to the guilt of the accused. For those of you who are still wondering why lawyers defend people who are accused of guilt, here’s the review.
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Reasons for a Wrongful Death Attorney to Defend Justice
1. The Suspect Has Not Been Properly Declared Guilty
The duty of a wrongful death attorney is clearly not arbitrary in upholding justice. Even in carrying out his profession like this, a death lawyer will not give different treatment to clients be it based on any interests. This is clearly related to the code of ethics too if a lawyer can refuse.
Refusing in this case is a refusal if his expertise goes against justice and Nuraini’s day. Vice versa with lawyers who can defend defendants who are found not guilty and are indeed still presumed innocent and really need help to uphold proper justice.
Here, lawyers can still produce all the evidence they have to present at the court of law so that the law runs according to reality. Especially if the defendant is still carrying out the examination, the role of the lawyer is needed to assist the defendant.
2. Can Accompany the Defendant and Protect Their Rights
So, the duty of a wrongful death attorney is not only to free the defendant from all the charges against him. A lawyer will actually act as a companion when the defendant is being examined by the court. Lawyers will help provide information and evidence that has been obtained.
Not only that, but a lawyer will also continue to protect the rights of the defendant or suspect in question so that they are not violated. This is of course done so that the suspect really gets justice in accordance with the actions he is carrying out based on the current Criminal Code Law.
This is done because it is not uncommon for parties who become defendants and suspects to receive arbitrary treatment from the environment and from individuals who do not clearly see the reality of what actually happened. Especially those who clearly do not know how the legal process applies in Indonesia.
3. The Innocent Defendant
A lawyer is tasked with helping to uphold justice for a defendant who is found guilty. Even though not everyone who becomes the accused actually made a mistake and caused death intentionally. It could be that the defendant made an unwanted mistake, for example when an accident occurred.
It could even be that a defendant is forced to commit a mistake on the basis of compulsion. This means that the suspects and defendants are the same as being scapegoated someone who originates when it is not his will to do the act. And here the lawyer must really uphold justice.
Even the wrongful death attorney must be able to find and collect strong evidence that is truly a fact to support and uphold justice. Even lawyers need to have the open-mindedness and calm demeanor necessary to provide understanding and explanation before the court of law.
Such is the duty of a wrongful death attorney in upholding justice in the State of Indonesia. Hopefully, with this, the community will not only punish and give bad judgment to the accused before the court’s decision is out. But still, the lawyer must really uphold true justice.
Especially when the Attorney’s wrongful death is urgently needed for his expertise to help uphold justice not only for the accused but also for families who have been hit by the disaster of losing their closest relatives. For this reason, the role of the community is also very much needed so that the legal process runs smoothly as it should.