Fundamental Criminal Procedural Obligation of the Lawyer: Attorney-Client Privilege (Confidentiality)

Abstract

The spectacular development of the market of legal services determined the development of some rules for the protection of the professional body of lawyers, but also of their clientele, starting from the definition, redefinition and updating of some fundamental principles regarding the way of conducting the lawyer's activity, among the most important being the obligation to preserve professional confidentiality. In the criminal process, this is the fundamental institution for guaranteeing the right of defense and the right to a fair trial of the accused. This article aims to analyze the dual nature of this principle that governs the activity of lawyers: that of protecting the attorney as a professional and that of guaranteeing the procedural rights of the client.