The purpose of this study is to examine the defendant's right to a lawyer in the prosecution according to the new Criminal Procedure Cod. In the previous law, in the note under Article 128 of the Criminal Procedure Code, the presence of a lawyer in the investigation stage was subject to the court's approval in three cases. However, in the Criminal Procedure Code, many of the shortcomings of the previous law were corrected and Article 190 of the Criminal Procedure Code included the defendant's defense rights. In this study, which was conducted using a descriptive-analytical method, we conclude that the defendant's right to have a lawyer during preliminary investigations is one of the principles of fair trial, and it is the defendant's right to freely choose a lawyer during the trial and to have his charges heard fairly in court, even though the defendant is not aware of his legal rights and cannot present his claims to the judicial authority as he should and perhaps should. Therefore, having a lawyer is one of the guarantees of the defendant's defense rights.