Identifying Conflicts of Interest Between Co-defendants in Criminal Proceedings and the Means of Addressing Them

Abstract

Conflicts of interest between co-defendants are a reality of legal proceedings. In its pursuit of justice, the court must avoid adopting an overly rigid stance in identifying such conflicts, as doing so may undermine a fundamental guarantee: the right of the accused to an effective defense. The court should not narrowly construe conflicts of interest in situations where co-defendants are represented by a single attorney, as this would reduce the right to defense to a mere procedural formality lacking substantive value. Rather, the court must adopt an expansive approach in interpreting and identifying conflicts of interest among co-defendants, and must annul criminal proceedings whenever such conflicts are established, particularly where they impair the independence of each defendant’s legal representation. Each accused must be represented by separate counsel capable of defending their individual interests.

The court plays a critical role in addressing such conflicts by ensuring the separation of defenses and confirming the absence of conflicting interests between defendants, whether in their arguments or procedural positions. Likewise, defense counsel has a professional and ethical obligation to disclose any potential or actual conflict of interest to both the defendants and the court, and must withdraw from representing one or both parties as appropriate.