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Publication date: 22.05.2024
Rights and opportunities of a lawyer in criminal cases
In today's world, the role of a lawyer in a criminal trial is extremely important. The main work of a lawyer in criminal cases can be divided into two stages: protecting the client during the pre-trial investigation of the case and during the trial, where the lawyer acts as a defender of the rights and interests of the suspect or accused. Of course, we should not forget about the importance of a lawyer's participation in protecting the rights of convicts.
Let's find out what rights and opportunities for defense a lawyer has in criminal proceedings
According to Clause 5 of Article 1 of the Law "On Advocacy and Advocacy", advocacy is a type of activity aimed at ensuring the rights, freedoms and legitimate interests of the client.
During the performance of advocacy activities, the advocate has the right to:
1. Appeals with legal requests:
- A lawyer may apply to state authorities, local self-government bodies, officials and officials, enterprises, institutions, organizations, public associations and individuals (with their consent) with legal requests, including obtaining copies of documents.
2. Acquaintance with case materials:
- A lawyer has the right to familiarize himself with the documents and materials necessary for legal practice at enterprises, institutions and organizations, except for those containing information with limited access.
3. Drafting of statements, complaints and other legal documents:
- A lawyer can prepare statements, complaints, petitions and other legal documents, which are submitted in accordance with the procedure established by law.
4.Collection of information and application of technical means:
- A lawyer can collect information about facts that can be used as evidence.
- He can also use technical means to copy case materials, record procedural actions and display the course of the court session.
5. Certification of copies of documents:
- A lawyer may certify copies of documents in the cases he conducts, except when the law establishes another mandatory way of certifying copies.
6. Obtaining written opinions of specialists:
A lawyer has the right to receive written opinions of specialists and experts on matters requiring special knowledge.
These rights help a lawyer effectively protect the interests of his clients and ensure fairness in legal proceedings.
In addition to the individual rights of a lawyer, a defense attorney in criminal proceedings has the procedural rights of the suspect he is defending. Of course, except for those rights that are inextricably linked to the person of the suspect.
A defense attorney in criminal proceedings has the following client rights:
1. The right to information:
- A lawyer has the right to know what criminal offense his client is suspected of committing.
- The defense attorney may request to check the reasonableness of the detention.
2. The right to collect and submit evidence:
- The lawyer can collect and submit evidence to the investigator, the prosecutor and the investigating judge.
- During procedural actions, he can ask questions, submit his comments and objections regarding the order of actions, which are entered into the protocol.
3.Technical means and other rights:
- A lawyer can use technical means (in compliance with the requirements of the Code of Civil Procedure) during procedural actions in which he participates.
- He has the right to file a motion for procedural actions, to demand the opening of pre-trial investigation materials and to receive copies of procedural documents and written notices, to submit statements of recusal, to request security guarantees for himself and his family
4. The right to appeal decisions:
- A lawyer may appeal the decisions, actions and inactions of the investigator, prosecutor and investigating judge in the manner provided by the Code of Criminal Procedure.
5. Other rights:
- If necessary, he can use the services of an interpreter (in accordance with Part 3 of Article 42 of the Criminal Procedure Code).
- Also, he has the right to demand compensation for damage caused by illegal decisions, actions or inaction of the body that carries out operational and investigative activities, pre-trial investigation, the prosecutor's office or the court, as well as restoration of reputation, if the client's suspicion or accusation was not confirmed.
The lawyer is given the right to be present and take part in the interrogation and other procedural actions conducted with the participation of the suspect.
Before the first questioning of the suspect, he can have a confidential meeting without the permission of the investigator, the prosecutor or the court. After the first interrogation, such meetings can take place without limitation in number and duration. At the same time, meetings can take place under the visual control of an authorized official, but in conditions that exclude the possibility of eavesdropping or eavesdropping.
Also, in accordance with Article 46 of the Criminal Procedure Code, state authorities and local self-government bodies, as well as their officials, are obliged to comply with legal requirements of the defender.
These rights help a lawyer effectively protect the interests of his clients and ensure fairness in legal proceedings
Legal service "Consultant" provides legal assistance in any situation. Our lawyers will carry out a legal analysis of the situation, make a comprehensive analysis of documents, prepare a legal opinion and ensure the representation of the client's interests in state authorities or a court, will take part in a court hearing in any city of Ukraine. Consulting a lawyer and legal protection by a lawyer is a guarantee of quality protection of your rights and interests.
Legal service "Consultant" provides the service "lawyer's help online".
