The status of a lawyer in a criminal proceeding
Usually, the first question when applying for a lawyer is how you can help in a particular situation. At the same time, few understand the status of a lawyer in criminal proceedings, what lawyer’s rights, which options are possible for the involvement of a lawyer, what is the assistance of a lawyer, and so on.
In general, the lawyer uses the procedural rights of the suspect, the accused, whose protection he carries out, in addition to procedural rights, the implementation of which is carried out directly by the suspect, the accused and can not be entrusted to the defender, the latter enjoys the rights provided for in article 42 of the CPC.
The main responsibility of a defense counsel in criminal proceedings is to carry out his professional activities in order to ensure the observance of the rights, freedoms and legitimate interests of the suspect, the accused and to clarify the circumstances that refute the suspicion or accusation, mitigate or rule out criminal liability of the suspect, the accused guided law and rules of law ethics.
As to duties, they are foreseen by Article 47 of the CPC. The student’s ability to resolve conflicts of interest involves taking certain phakic and ethical requirements to ensure that the lawyer obtains a lawyer’s qualification. International legal cooperation adopted the relevant document, which is a set of ethical requirements of the advaksian profession, – General principles of the ethics of the offices, issued by the International Association of Lawyers in Edinburgh in 1995. Their purpose is to install a professional professional standart, which must answer the questionnaire in any part of the world. In this document it is stated that the ethical requirements of the advaxian profession are the competence of the office, the knowledge and understanding of it, the exuberance of oneself, the interest of the client, and the observance of confidentiality in relation to clients.
Some of the questions raised by the ethics of the government were formulated in the General Code for the opening of the offices of the European Union. Zakrem, in the document, it is understood that the trustful relations between the doorkeeper and the client may only arise in the absence of a lasting doubt about the honesty, integrity and goodwill of the doorway. Guided by the norms of law and practice of professional ethics, they are always obliged to act in the interests of the client, who for him constantly change their personal interests and interests of their colleagues.
Also, you should download the Pravila avtokhata ethics, which was approved by the Ust’anovyi congress on November 17, 2012. The introduction of adventitious ethics is a corporative norm, which makes it obligatory for the offices and their unions to adhere to ethical requirements, but is not a normative and practical act. They peredbachayut advokatskoyi ethics principles, including, zokrema is taki as nezalezhnist, dotrymannya zakonnosti, dominuvannya interests of clients neprypustymist conflict of interests, confidentiality, kompetentnist dobrosovisnist ta, ta chesnist poryadnist, povaha to advokatskoyi professions, limiting reklamuvannya advokatskoyi activity. Pravyla advokatskoyi ethics can not peredbachaty all riznomanittya pytan, which vynykayut advokata in activity, but they are the oriyentyrom that allows him obraty nalezhnu line behavior, a orhanu that zastosovuye dystsyplinarnu vidpovidalnist, nalezhno evaluate behavior in advokata superechlyviy sytuatsiyi.
An unfortunate educational lesson is the ethical norms of the activity of the advakste, which are not dealt with in official documents, their voluntary and deeply conscious conduct, based not on the human-minded notions of good and evil, intelligence and humanism, duty, conscience, etc. The professional competence of the trainees can not be characterized by a certain amount of knowledge, skills, skills, and also includes the corresponding levels of the moral development of the individual, and the welfare of the moral requirements of this profession.
Author: Ivan Ishchuk