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Publication date: 31.08.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
According to the first part of Article 45 of the Criminal Procedure Code of Ukraine (CPC), a defense attorney in criminal proceedings is a lawyer who provides protection for various categories of persons involved in criminal proceedings. The role of the defense attorney in all these cases is critical for providing legal aid and protecting the rights of the individual in the framework of the criminal process. The lawyer provides legal protection, helps in the preparation of documents, represents the client's interests in court and provides advice on legal aspects of the case.
Termination of the contract with the lawyer:
In accordance with the provisions of the Criminal Procedure Code of Ukraine and general civil legislation, the client and the person who concluded the contract with the lawyer in the interests of the client have the right to terminate the contract with the lawyer. This right is provided both by the general principle of contractual regulation and by specific conditions established in the contract.
- The client or the person who entered into the contract with the lawyer on behalf of the client has the right to terminate the contract at any time. This may be necessary for various reasons, such as dissatisfaction with the quality of services, a change in circumstances or other personal or professional reasons.
- A contract with a lawyer usually contains terms of termination, which determine the procedure and consequences of termination of the contract. This may include requirements for notice of intention to terminate the contract, terms, reimbursement of costs or other details. Termination of the contract must be made in writing, which confirms the intention of the parties to terminate the legal relationship.
- The lawyer is obliged to transfer all documents and materials related to the case to the client or to a new lawyer if the client decides to engage another representative. If the contract provides for payment for already rendered services or reimbursement of expenses, the lawyer has the right to the corresponding payment for the work performed until the moment of termination.
The client and the person who concluded the contract in the interests of the client have the right to terminate the contract with the lawyer in accordance with the conditions specified in the contract. This right provides an opportunity to change legal aid and adapt to new circumstances that arise in the process of conducting a case.
Waiver of counsel:
In accordance with the legislation of Ukraine, the refusal of a defense counsel for a suspect or accused person must be carried out within the framework of defined procedures to ensure the effectiveness of protection and respect for the rights of individuals. The exercise of this right must meet certain conditions in order to ensure legal assistance and compliance with procedural guarantees.
Conditions of refusal of the defender:
- The suspect or the accused has the right to refuse a defense attorney at his own request. This refusal must be voluntary, which means that the person must clearly express their decision without coercion or pressure.
Refusal of a defense attorney must be made in writing or in another form that confirms the person's intention. This ensures clarity and documentation of her decision.
- The suspect or the accused should be given a real opportunity to replace the lawyer with another. This may be necessary to ensure the right to effective defense and legal aid if the person decides to change lawyers.
In case of refusal of one defender, the conditions for attracting a new defender must be ensured. If the suspect or the accused cannot find a new lawyer on their own, the court or other authorities can ensure that legal aid is provided.
- It is important that the refusal and replacement of the defender does not lead to a break in legal aid. Continuation of effective protection must be ensured without delay, which may affect the rights of the individual.
- Refusal of a defense attorney must meet the requirements of the Criminal Procedure Code of Ukraine and other normative acts regulating the right to defense.
Question
At what stage of the process can the defender be waived?
Answer
It is possible to refuse a defense attorney at any stage of the criminal process, but the consequences may be different depending on the moment of refusal and the specific circumstances of the case. It is important to note that the court or other authorized bodies can explain to the person the consequences of refusing to have a lawyer. By refusing a defense attorney, a person risks finding himself without professional help, which can negatively affect his defense in the process.
Circumstances that exclude the possibility of participation of a defense attorney in criminal proceedings:
- If the lawyer has already participated in the case as an investigator, expert, judge or in another role that creates a conflict of interest, he cannot act as a defense attorney. This is necessary to ensure objectivity and impartiality in the proceedings.
- In the case when the lawyer provided legal support to another party in the same case or in a case that has a direct connection, a conflict of interests arises. This may affect impartiality and privacy.
- If a lawyer has lost the right to practice law (for example, his license has been suspended or revoked), he cannot perform the duties of a defense attorney.
- If the lawyer is a close relative of the judge or another member of the judiciary, this may create a conflict of interest and affect the objectivity of the process.
- If there is a disagreement between the lawyer and the client (suspect or accused) regarding the method of defense, the lawyer has the right to refuse further handling of the case. Exceptions are situations where the mandatory participation of a defense attorney is provided for by law (for example, in cases where the accused does not have the opportunity to engage a defense attorney on his own).
- If the client fails to fulfill the conditions of the bilateral agreement concluded with the lawyer (for example, regarding the payment of the fee), the lawyer has the right to refuse to provide further legal services. This may refer to the conditions specified in the contract between the lawyer and the client.
- If a lawyer does not have the necessary qualifications for conducting a specific criminal proceeding (for example, specialized knowledge or experience in a certain field of law), he can refuse to perform his duties. This is necessary to ensure high-quality and professional protection.
A lawyer may refuse to perform his duties in cases where there are objective obstacles or conflicts of interest that affect his ability to effectively and impartially provide protection. These requirements guarantee compliance with the rights and interests of clients and maintain the fairness of the judicial process.
Question
What to do in the case when the participation of the defender is mandatory?
Answer
If the suspect or the accused refuses to have a defense attorney and does not appoint another, but his participation is mandatory, the court or other authorized body is obliged to appoint a defense attorney to perform the defense. This is ensured in accordance with the procedures provided for in Article 49 of the Criminal Procedure Code of Ukraine. The defender, appointed by appointment, carries out his activities to protect the rights and legitimate interests of the person in the criminal process.
Services of a lawyer in criminal proceedings:
The lawyer help in the criminal process plays a critically important role, providing legal assistance and protection of the client's rights at all stages of the criminal proceedings. Here are the main types of legal services in which the lawyer provides assistance:
Lawyer consultation and legal analysis of the situation: The lawyer explains to the client his rights and obligations at all stages of the process, including the right to defense, the right to remain silent, the right to choose a defense attorney, etc. Lawyers online assess the situation, explain the possible consequences and ways of solving the case, and also provide recommendations on the next steps.
Legal representation and defense services: The lawyer represents the client's interests by attending court proceedings, preparing and submitting the necessary procedural documents, and participating in court debates. The lawyer ensures compliance with the client's rights, prevents violations and records any violations of rights during the process.
Interrogation preparation lawyer services: The lawyer advises the client on how to correctly answer the questions during the interrogation, which helps to avoid self-revelation or unnecessary details. A lawyer can be present at interrogations to control the legality of the procedure and protect the client's rights.
Preparation and presentation of evidence: The lawyer participates in the collection of evidence, the interview of witnesses, and the analysis of case materials. The lawyer analyzes the collected evidence and prepares a legal strategy based on their assessment.
The role of a lawyer in criminal proceedings is extremely important and multifaceted. Lawyer advice plays a key role in ensuring the fairness and legality of the criminal process, helping to ensure that all stages of the proceedings take place in accordance with the rights and legitimate interests of the individual. Contact the CONSULTANT legal marketplace - we are always there to help you solve any legal problem. Leave your number and get legal help right now. Do not waste your time, our lawyers are already waiting for your call!
