The Evolution of Legislative Criminal Policy Toward Conduct Contrary to the Dignity of the Advocacy within the Criminal Justice System

Abstract

This article analyzes the historical and legislative development of conduct deemed contrary to the dignity of the legal profession. In this regard, it can be argued that, from a legal perspective, emerging branches of criminology and criminal law have become intertwined with the institution and profession of legal advocacy, transforming law into an increasingly technical discipline. Within the field of legal practice, since a lawyer—like any other individual—may commit negligence, fault, professional misconduct, or even criminal offenses, this study seeks to clarify the dimensions of the issue with particular emphasis on conduct incompatible with the dignity of the profession. Given that the subject is also connected to broader social issues, and considering that lawyers themselves are among the key actors within the justice system, they should not be regarded as exempt from the standards applicable to others. Accordingly, statutory law must also be capable of addressing conduct by lawyers that undermines professional dignity. The principles of the rule of law and good governance likewise require that every attorney be subject to legal regulation, without enjoying special privileges that would contradict fundamental legal principles. In this article, the author examines the issue through a descriptive–analytical approach. As a conclusion, it can be stated that the establishment of legal rules concerning conduct contrary to professional dignity, in light of the aforementioned developments, has responded to the needs associated with this subject.