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When can an accused service member hire a civilian lawyer for a military trial?
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In the context of military law, all countries permit an accused service member to employ a qualified civilian lawyer for their defense in trials before military courts.1
The specific stage at which a civilian defender may begin to assist varies by jurisdiction:
- Early Intervention: In many countries, a lawyer may assist the accused immediately following the first interrogation, once the service member has been informed of their rights. In these systems, the defender also has rights of intervention during the instruction process and must be present for key events, such as the interrogation of the accused.1
- Trial Only: In other jurisdictions, such as Greece, the defender has no role during the instruction phase and appears only at the trial itself.1
While the right to counsel is standard in judicial military proceedings, it is important to note that service members being dealt with summarily or through non-judicial disciplinary procedures are not typically afforded the right to a defense, though some nations have begun to introduce this right.1