Lawyer in criminal proceedings

Lawyer in criminal proceedings

Criminal proceedings are a series of procedural actions carried out by authorized bodies to investigate criminal offenses, determine the guilt or innocence of the accused, and ensure a fair trial. The purpose of criminal proceedings is to protect society from crimes, ensure the inevitability of punishment for committed crimes, and protect the rights and freedoms of individuals involved in the process.

The parties in criminal proceedings include the prosecution, represented by the investigator and prosecutor, and the defense, which includes the suspect, the accused, and their lawyers. One of the key guarantees of a fair trial is the right of the suspect and the accused to professional legal assistance, as provided by Article 59 of the Constitution of Ukraine and Article 20 of the Criminal Procedure Code of Ukraine.

Stages of criminal proceedings and the role of the lawyer

Pre-Trial Investigation

Procedural action: initiation of criminal proceedings

Lawyer's participation:

• Submitting a report of a criminal offense concerning the client
• Appealing to the court against the inaction of the investigator or prosecutor, which consists of not entering information about the criminal offense into the Unified Register of Pre-Trial Investigations and refusing to initiate criminal proceedings

Procedural action: search

Lawyer's participation:

• Checking the legality of the search - legal analysis of the court order granting permission for the search
• Lawyer's presence during the search
• Writing remarks in the search protocol

Procedural action: interrogation of the suspect

Lawyer's participation:

• Preparing the suspect for interrogation - consultations on rights and behavior tactics
• Lawyer's presence during the interrogation to ensure the suspect's rights are observed
• Making remarks in the interrogation protocol if the client's rights are violated

Procedural action: choosing a preventive measure

Lawyer's participation:

• Preparing and submitting motions and objections regarding the choice of preventive measure
• Participation in the court session for choosing the preventive measure
• Appealing the decision on the preventive measure in a higher instance

Procedural Action: Conducting Expertise

Lawyer's Participation:

• Submitting a motion for the appointment of expertise or objecting to its conduct
• Ensuring the lawyer's presence during the expertise (if possible)
• Appealing the conclusions of the expertise if they are unfounded

Procedural Action: Inspection of the Crime Scene

Lawyer's Participation:

• Ensuring the lawyer's presence during the crime scene inspection
• Checking the legality of the investigator's actions during the inspection
• Writing remarks in the inspection protocol if the client's rights are violated

Procedural Action: Appointment of Forensic Examination

Lawyer's Participation:

• Submitting a motion for the appointment of a forensic examination or objecting to its conduct
• Controlling the legality of the appointment and conduct of the forensic examination
• Appealing the conclusions of the forensic examination if they are unfounded

Procedural Action: Opening Case Materials for Review

Lawyer's Participation:

• Reviewing the case materials together with the client
• Preparing and submitting motions for additional investigation or supplementation of case materials
• Protecting the client's rights during the review of case materials

Procedural Action: Preliminary Court Hearing

Lawyer's Participation:

1. Reviewing case materials:

• Thorough examination of criminal case materials collected during the pre-trial investigation
• Preparation of remarks and objections to the case materials

2. Submitting motions:

• Motion to return the indictment to the prosecutor to eliminate deficiencies
• Motion to close criminal proceedings if the pre-trial investigation period expired after notifying the person of suspicion or for other reasons provided by the CPC of Ukraine
• Motion to change or cancel the preventive measure
• Motion to declare evidence inadmissible
• Motion to appoint additional expert examinations or request new evidence
• Motion to involve witnesses, additional documents, and other evidence

3. Filing Complaints Against Decisions of the Investigator and Prosecutor:

• Complaints against decisions of the investigator and prosecutor that were not subject to appeal during the pre-trial investigation

4. Objections to actions of the prosecutor and investigator:

• Objections to the charges brought by the prosecutor
• Objections to the actions or inaction of the investigator or prosecutor if they violate the rights of the client

5. Challenges:

• Challenging the judge, prosecutor, expert, or other participants in the process in case of doubts about their impartiality or competence

6. Protecting the Rights and Interests of the Client:

• Ensuring compliance with the client's rights during the preliminary court hearing
• Consulting with the client about their rights, duties, and behavior tactics at the hearing

7. Preparation for the Main Court Hearing:

• Collecting and systematizing evidence and materials for the main court hearing
• Developing a defense strategy for the client during the main court hearing
• Coordinating with the court the plan for questioning witnesses and conducting other procedural actions

8. Appealing Decisions:

• Preparing and filing appeals against decisions made during the preliminary court hearing if there is disagreement with them

The participation of a lawyer in the preliminary court hearing is extremely important as this hearing determines the further course of the criminal proceedings. the lawyer has a wide range of opportunities to protect the client's rights and interests, including filing motions, making challenges, participating in debates, and appealing decisions. effective participation of a lawyer at this stage can significantly influence the outcome of the criminal case.

Procedural action: Court trial

Lawyer's participation:

• preparing and filing motions, objections, and other procedural documents
• participation in court hearings, protecting the client's rights and interests
• preparing and filing appeals and cassation complaints if necessary

Appeal Proceedings

Procedural Actions:

• filing an appeal complaint
• consideration of the case in the appeal court

Lawyer's Participation:

• preparing the appeal complaint
• protecting the client's interests during the consideration of the appeal complaint in court
• appealing the decision of the court of the first instance

Cassation Proceedings

Procedural Actions:

• filing a cassation complaint
• consideration of the case in the cassation court

Lawyer's Participation:

• preparing the cassation complaint
• protecting the client's interests during the consideration of the cassation complaint in court
• appealing the decisions of the appeal court

Procedural Action: Execution of the Sentence

Lawyer's Participation:

• consulting on the client's rights during the execution of the sentence
• preparing and filing motions for parole or substitution of punishment
• appealing decisions and actions related to the execution of the sentence in case of violations of the client's rights

Use of Procedural Rights by the Lawyer

the lawyer in criminal proceedings uses the procedural rights of the client and their own rights to protect the interests of the suspect and the accused. these include:

• the right to review case materials
• the right to submit evidence
• the right to file motions
• the right to appeal the actions and decisions of the investigator, prosecutor, and court
• the right to ensure proper defense during court hearings