How do lawyers defend in court?

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The right to defend the accused in court is professed and guaranteed by the Constitution of the Russian Federation and international treaties of the Russian Federation as one of the leading human rights. The procedure for implementing the provided Constitutional Law is oriented in accordance with the Code of Criminal Procedure of the Russian Federation, when generally accepted measures ensure the legal position of the Constitutional Court of the Russian Federation and the European Court.

Contents of the article:

• Rights of the accused
  

  • Legal representation in court

• Defense of the accused in criminal and civil courts
• What is the basis for building a line of defense in court?

in accordance with the Code of Criminal Procedure of the Russian Federation, the accused directly undertakes to sign to an authorized person (investigator, interrogating officer, etc.) a legal and proper resolution on implicating him as an accused or an indictment or indictment subsequently authorized by the head of the investigative department. As for cases of personal proceedings (a category of cases in which proceedings begin and end at the request of the victim), when the statement was not carried out by the proceedings before the drawing up of the act, the person against whom the appeal was filed became a court hearing.

They are charged depending on whether they know about taking the identified actions or not.

Rights of the accused

The accused’s right to defense in criminal proceedings the suspect is widely entitled to his rights. In accordance with Art. 47 of the Code of Criminal Procedure of the Russian Federation, a suspect has the right:

1. Aristocracy, in which she is accused, and receive a copy of the decision to initiate a criminal case in which he is involved as an accused;
2. Receive a copy of the decision to charge him as an accused, a copy of the decision to apply preventive measures against him, a copy of the indictment, indictment or indictment;
3. To protest against the accusation, to testify on the charge brought against him or to refuse this testimony;
4. Provide evidence;
5. Talk about petitions and inclinations;
6. Give signs and explain himself in his native language or a language he speaks;
7. Use a translator for free;
8. Use the assistance of a lawyer, the amount of which is free in cases provided for by the Criminal Procedure Code of the Russian Federation;
9. Own meeting with the intercessor one-on-one and secretly, the number of which is calculated before the first interrogation of the accused, without limiting their number and duration;
10. Own the accused in the field of business activities. After this case, notarial actions in relation to property, currency and other valuables that can be seized in cases provided for by this Code are prohibited;
11. With the permission of the investigator or inquiry officer, participate in investigative actions, who, at the request or petition of his lawyer or legitimate adherent, become familiar with the protocols of these actions and become familiar with their comments;
12. Familiarize yourself with the resolution on the appointment of a forensic examination, assign questions to a specialist and familiarize yourself with the expert’s decision;
13. At the end of the preliminary investigation, familiarize yourself with all the materials of the criminal case and write down all possible information from the criminal case in one volume;
14. Photographing copies of the criminal case materials onto a personal protocol, in which the number of technical means accompanied by technical means;
15. Make claims to the influence (inaction) and conclusion of the investigator, the head of the investigative unit, the head of the investigative body, the Investigative Council, the investigator, the prosecutor and the court and take a role in their consideration by the court;
16. Protest criminal prosecution;
17. Participate in criminal proceedings in courts 1, 2, cassation and supervisory instances, as well as take part in the consideration by the tribunal of the issue of choosing a preventive measure in relation to your measure;
18. Familiarize yourself with the protocol and audio recording of the court hearing and give comments to them;
19. Receive an appeal against a sentence, verdict, court order and copies of appeal rulings;
20. Receive copies of statements of claim and representations filed by the criminal legal profession, object to these statements and submissions;
21. Participate in the consideration of issues related to the execution of the sentence;
22. Protect yourself in other ways and methods that are not illegal.

The defendant’s procedural rights cannot be limited due to the role of his lawyer.

Legal representation in court

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Defense of the accused in criminal and civil courts

Lawyers participate as advocates. A lawyer is invited by the client, his legal successor, as well as other persons on behalf of or with the consent of the client. The suspect has the right to invite a certain number of lawyers. The basis for the defense of the defendant in court is an agreement to offer legal assistance.

In cases provided for by law, the role of a lawyer in criminal proceedings is considered untenable. These include cases when:

1. The suspect categorically did not refuse a lawyer in the manner prescribed by the Code of Criminal Procedure of the Russian Federation;
2. The suspect is recognized as a minor;
3. The suspect, due to physical or psychological disabilities, does not have the opportunity to independently exercise his right to defense;
4. The trial is conducted out of the reach of the defendant, who is located outside the Russian Federation and is filing an appeal to the court;
5. The suspect does not speak the language in which the criminal case is being conducted;
6. The person is accused of a crime for which it is possible to impose a sentence of imprisonment for a term of more than fifteen years, indefinite imprisonment or the death penalty;
7. A criminal case is subject to the jurisdiction of a tribunal with the role of a jury;
8. The suspect filed a petition to consider the criminal case in a certain manner, which is established in Chapter 40 of the Code of Criminal Procedure of the Russian Federation (with the consent of the defendant with the prosecution).

If in these cases a lawyer is not invited by the accused himself, then the role of a lawyer in a criminal case is guaranteed by the inquiry officer, investigator or court.

A lawyer enters a criminal case as a defense attorney in order to provide counsel and legal certification. The procedural skills of a lawyer appear in a defense lawyer from the stage of his entry into a criminal case as a lawyer. The lawyer does not have the right to refuse the role of destructive intervention.

The defense attorney will appeal the court’s verdict on appeal if there are grounds, with the exception of the option where the client categorically refuses to appeal the verdict in writing, and the lawyer is confident that the recusal is no longer noticeable.

A lawyer does not have the right to refuse an accepted defense. The defense attorney participates in criminal proceedings until the promises he has made are fulfilled, with the exception of cases provided for by law.

The defender carries out defense in court and is thereby obliged to determine the completeness of compliance with legal requirements during the preliminary investigation, independently of whether he participated in it or not.

All possible violations uncovered by the lawyer related to the rights of the client during the preparation of procedural actions or from the contents of investigative protocols or unlawful limitations on the defense attorney’s role in preparing procedural actions. Furthermore, the defense attorney is obligated to familiarize themselves with the indictment, for example, as in the indictment, paragraph, part, note of the Criminal Code of the Russian Federation, taking into account the obligation for the crime; a list of evidence supporting the charge and a list of evidence cited by the defense; information about life circumstances, mitigating and aggravating sanctions, information about the victim, character, and harm caused to them by the civil and civil defendants.

The lawyer is obligated to assert their right to a private meeting with their defense attorney and secretly take steps to conduct such a meeting. If the client’s right to a meeting is violated by the investigator, inquiry officer, or the court, the defense attorney is obligated to take steps to file a motion regarding this violation in the pre-trial protocol or at the court hearing. During the defense process, defense attorneys:

Consult the defendant, explaining their procedural rights and direct obligations that apply to combating generally accepted measures of substantive and procedural law;

1. Assist the defendant in reviewing case materials, drafting motions, claims, and other procedural documents, or drafting them independently;
2. Use other methods and means of defense not permitted by law.
3. At the request of the defendant or on their own initiative, if grounds exist, the lawyer appeals their detention, the selection of a preventive measure, the extension of their detention or house arrest, the application of other procedural measures, and other findings and actions (inaction) that do not respect the rights and legitimate interests of the defendant.

The lawyer participates in investigative and procedural actions conducted in the client’s role or at the request or demand of the lawyer, and even in court hearings on criminal law matters, except in cases where this role is not deemed ineffective by law or the client’s wishes are unavailable. As a defense attorney, he conducts the case, depending on the results of the convocation, with the protocols of the procedural actions carried out in his role at all stages of the criminal process and, if necessary, gives his comments.

The defense attorney collects and presents defense evidence involving the crowd by filing motions, submitting attorney statements, and engaging an expert if such needs arise during the criminal trial and the circumstances of the case allow for these actions. The defense attorney also compels others to take actions necessary to advance the defense’s legal position during the trial.

The defense attorney is also responsible for raising objections to the presiding judge’s actions at the hearing, if grounds exist.

What is the basis for constructing a defense in court?

What is the basis for building a line of defense in court?

When representing the accused in court, the defense attorney assumes that a guilty verdict should be based not on conjecture, but on reliable evidence, once all the existing theories have been examined, and any contradictions have been resolved and assessed. The defense attorney is obligated to manage this defense attorney, as any doubts are interpreted in the defendant’s favor.

How do lawyers defend in court?

How do lawyers defend in court?