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Publication date: 22.05.2024
Duties of a lawyer in criminal cases
Tasks of the defender in criminal proceedings
According to Article 47 of the Criminal Procedure Code, the defense attorney must use the legal means of protection to ensure the rights, freedoms and legitimate interests of the suspect or the accused are respected. Its task includes refuting the suspicion or accusation, as well as identifying circumstances that can mitigate or exclude the criminal responsibility of the suspect or the accused.
Duty to participate in procedural actions
The defender is obliged to participate in procedural actions together with the suspect or the accused. If he cannot arrive at the appointed time, he must inform the investigator, prosecutor, investigating judge, court or, if he is appointed by a body (institution) authorized by law to provide free legal aid, also this body (institution) about the reasons for his impossibility to arrive in advance .
If the defense counsel was warned in advance about the conduct of a certain procedural action, and the suspect or the accused does not object to the conduct of this action in the absence of the defense counsel, then such non-appearance of the defense counsel cannot be grounds for recognizing this procedural action as illegal, except for cases where the defense counsel's participation is mandatory binding
If the suspect or the accused objects to the conduct of a procedural action in the absence of a defense counsel, the conduct of this action is postponed or another defense counsel is engaged.
Obligation to observe lawyer's secrecy
According to Article 47 of the Criminal Procedure Code, a lawyer (defender) has no right to disclose information that has become known to him in connection with participation in criminal proceedings and constitutes a lawyer's or other legally protected secret without the consent of the suspect or the accused.
The defender has the right to refuse to perform his duties only in the following cases:
1. If there are circumstances that, according to the Criminal Procedure Code, exclude his participation in criminal proceedings.
2. Disagreements with the suspect or the accused regarding the method of defense chosen by him, except in cases of mandatory participation of the defense counsel.
3. Intentional failure by the suspect or the accused to fulfill the terms of the contract concluded with the defense attorney, which is manifested, in particular, in systematic failure to follow legal advice of the defense attorney, violation of the requirements of the Code of Criminal Procedure, etc.
4. If he motivates his refusal by the lack of proper qualifications to provide legal assistance in a specific proceeding, which is particularly difficult.
Restrictions on protection of other persons
According to Article 46 of the Criminal Procedure Code, a defense attorney may not undertake the defense of another person or provide him with legal assistance if it is against the interests of the person to whom he provides or previously provided legal assistance.
Defense counsel for a separate procedural action
According to Article 53 of the Criminal Procedure Code, the engagement of a defense attorney for a separate procedural action provides that the temporary defense attorney has the same rights and obligations as the main defense attorney.The defender of a separate procedural action, both before and after the procedural action, has the right to meet with the client for the purpose of preparing for the defense or discussing its results.
The defense attorney has no obligation to provide further protection in the entire criminal proceeding or at a separate stage of it after a separate procedural action.
The defender may have other procedural rights and obligations that depend on the stage of the criminal proceedings and the specific situation. For example, if there are grounds for conducting an examination, he can independently enter into an agreement with an expert on contractual terms or request the involvement of an expert by an investigating judge (Articles 243 and 244 of the Criminal Procedure Code).
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