In Germany the accused may at any time during the proceedings obtain the assistance of a defence counsel. There is, however, some controversy about the legal position of the defence counsel. The courts insist that the defence counsel is not only required to assist the accused but must also act as a non-governmental organ to administer justice. There are many objections to this theory which characterizes the defence as a non-governmental organ to administer justice, but these objections are not convincing if the duties which are supposed to arise out of counsel's legal position as an organ to administer justice are reduced to the obligation to act independently from client's wishes and to maintain the effectiveness of the criminal justice system at least in its core requirements. The most important consequence of this theory-which may be called ”theory of the defence as an organ to administer justice, albeit with limited duties” (eingeschränkte Organtheorie)-is that defence counsel is required to keep to the truth and is thus prohibited to lie.