Defense in court on charges of murder

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Khyzhavska Olesia Yaroslavivna

Lawyer

Ukraine / Khmelnitsky region

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Publication date: 21.08.2024

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Murder under the Criminal Code of Ukraine

According to the Criminal Code of Ukraine, murder is classified as a serious crime against the life and health of a person. According to the articles of the Criminal Code, murder means the intentional termination of another person's life. This crime can have different circumstances and, accordingly, different classifications, which include:

Premeditated murder is a murder committed with intent, that is, when the criminal intended to take another person's life.

Aggravated murder - includes murders that were committed with particular cruelty, with selfish motives, as well as murders of two or more people, murders of a pregnant woman and other similar cases.

Aggravating circumstances may include murder in a state of emotional distress provoked by the victim, or murder committed in a state of affect.

Negligent homicide is a case where the death occurred as a result of the criminal's carelessness, without the intent to take life.

In addition, there are specialized categories, such as killing by the mother of a newborn child or killing in a state of extreme necessity.
Ukrainian legislation provides for a detailed investigation of murders in order to establish all the circumstances of the crime and the responsibility of the criminal. The law also examines the motives and circumstances that may have caused the crime to determine the exact degree of culpability and prescribe the appropriate legal response.
 

If you need a lawyer's help in a case related to Article 115 of the Criminal Code of Ukraine (murder), a murder lawyer, lawyers of the legal marketplace "Consultant" can provide the necessary support. 

• Analysis of evidence - the lawyer must carefully analyze all the evidence presented by the investigation. This includes analyzing the results of forensic examinations, witness statements, video footage, technical records and other materials relevant to the case. It is important that each element is carefully collected, preserved and analyzed using appropriate scientific methods.
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  Presence during interrogations - active participation in the interrogations of witnesses and experts in order to find out all the circumstances of the case and identify possible contradictions or inaccuracies in their testimonies. Before the interview, it is important to carefully study all available case materials, including witness statements, expert reports, physical evidence, etc. Effective interrogation not only helps uncover the truth in a criminal case, but also increases the chances of a fair trial.
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  Bringing in independent experts to conduct alternative examinations can help to challenge the conclusions reached by state experts, especially in matters related to the cause of death, mechanism of injury, etc. The search and selection of an expert require attention to the experience and qualifications of a specialist.
• Presentation of evidence of innocence - this may include alibi, testimony in favor of the accused, as well as any other evidence that can prove the lack of motive or opportunity to commit the crime.
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  Appealing Procedural Violations - If procedural violations were committed during the investigation, such as an illegal detention, warrantless search, or violation of the right to a defense, a lawyer can challenge these actions, potentially leading to the exclusion of certain evidence.
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  Procedural issues - the lawyer can also take action on procedural issues, such as filing motions to recuse judges, requesting a change of preventive measure, initiating a reopening of the investigation, etc.
  Trial preparation - preparing and presenting a defense strategy at trial, including formulating speeches, questioning witnesses and presenting closing arguments.
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  The participation of a lawyer in criminal cases, especially when charged with murder, is not only the right of the accused, but also a critical component of a fair trial. The defense in court performs a number of indispensable functions that directly affect the protection of the client's rights and freedoms, as well as the general quality and integrity of justice.

The lawyer ensures that the rights of the accused are protected throughout the process. This includes the right to a fair trial, the right to a defense, the right not to testify against oneself, and the right to respect for personal dignity. 

1. The lawyer for court analyzes the evidence base collected by the investigation and reveals weaknesses in the prosecution's arguments.It can also involve independent experts to verify the conclusions of state experts or to conduct alternative examinations.
2. 
   Lawyer in court represents the interests of the client in court, conducts negotiations with the prosecution, challenges illegal actions and decisions, interrogates witnesses and participates in debates, ensuring active and competent participation in the process.
   Lawyers play a crucial role in protecting the fundamental rights and freedoms of the accused, as well as in upholding the principles of justice and equality before the law. 
3. Their role is indispensable in ensuring that every accused person has the opportunity to have a qualified defense.
4. 
   Representation of interests in court requires not only deep knowledge of the law, but also a strategic approach and the ability to adapt to the changing circumstances of the case. 

Representative in court must skillfully balance between aggressively protecting the client's interests.