Refuse to interrogate the accused until a lawyer or agent is present

Refuse to interrogate the accused until a lawyer or agent is present

Yes, the accused can refrain from answering and refuse interrogation until his lawyer is present, but this refusal does not necessarily stop all investigation procedures or prevent the investigator from arresting him. The details of this according to the system are as follows:

First: The right to seek the assistance of a lawyer

 The system guarantees the accused an inherent right to seek the assistance of an agent or lawyer to defend him during the investigation stage. The system obligated the competent authority to inform the accused of his rights upon arrest or detention, most notably his right to seek the assistance of a lawyer. The investigator may not, during the investigation, isolate the accused from his agent or lawyer present with him.

Second: The systemic effect of refusing interrogation due to the lawyer’s non-attendance

 If the accused is presented for interrogation and his lawyer is not present, and the accused chooses to refrain from answering until his lawyer is present, the system has drawn up a clear mechanism for dealing with this situation:

• Proof of refusal: The investigator must prove the accused’s refusal to answer in the investigation report, recording the “reasons for refusal” (which in this case is the accused’s desire for his lawyer to be present).
• Continuation of procedures and arrest of the accused: The accused’s refusal to answer does not stop the progress of the case; Article (Seventy-Second) of the Executive Regulations explicitly stipulates that this refusal does not prevent the investigator from issuing an order to arrest the accused – if he deems it necessary – and proceeding with the rest of the other investigation procedures.

Third: Exception (terrorism crimes and financing)

 Terrorism and its financing crimes are exempt from some of these guarantees. The system grants the Public Prosecution – during the investigation phase – the right to “restrict” the accused’s right to seek the assistance of a lawyer or agent, whenever the interests of the investigation so require.

Conclusion: You are legally entitled to refrain from responding until the lawyer is present, and the investigator will prove this as a reason for your refusal, but this does not prevent the investigator from exercising his other powers, such as issuing an arrest warrant and completing investigative procedures.

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