Participation of a lawyer in a court session on criminal proceedings

A lawyer who represents the interests of a suspect or victim plays a key role in ensuring the legality and fairness of the judicial process. Correct defense tactics, thorough preparation for hearings, as well as a careful study of each piece of evidence are the basis for providing qualified defense. A lawyer's participation in court hearings is regulated by the Criminal Procedure Code of Ukraine (hereinafter referred to as the Code of Criminal Procedure) and the Law of Ukraine "On Advocacy and Advocacy".

According to the Code of Criminal Procedure of Ukraine, a lawyer is a full-fledged participant in criminal proceedings from the moment a person is recognized as a suspect or accused. A lawyer is endowed with a number of procedural rights that enable him to effectively protect or represent the interests of a victim, a witness or another participant in the process.

The main functions of a lawyer in court proceedings:

1. Protection of the rights and interests of the suspect or the accused.
2. Control over compliance with procedural norms by pre-trial investigation bodies and the court.
3. Presentation of evidence and statement of legal position regarding each aspect of the case.
4. Ensuring compliance with the right to a fair trial.

A lawyer is obliged to carry out his activities in accordance with the principles of independence, confidentiality and professional ethics, which allows for effective protection of the client's rights and freedoms.

Before directly participating in the court session, the lawyer conducts thorough preparation, which includes the following stages:

• Study of criminal case materials: the lawyer gets access to all the materials contained in the case, including protocols of interrogations, searches, examinations, video and audio materials, which are the basis for drawing up a strategy of defense or representation of interests.
• Drafting a legal position: based on the collected data, the lawyer determines the optimal defense strategy, which provides arguments for denying or supporting the prosecution.
• Collection of additional evidence: if necessary, the lawyer can initiate an independent examination, interview witnesses or collect other evidence to strengthen the position of defense or support of the victim.

The lawyer participates in all stages of the trial, starting from the preparatory court session and ending with the final statement. The main stages of the lawyer's participation include:

Preparatory court session

At this stage, the lawyer makes preliminary preparations for the trial. In the preparatory court session, he has the right:

• Submit a motion to exclude inadmissible evidence if there is reason to believe that it was obtained in violation of procedural norms.
• Initiate the conduct of additional examinations, interrogation of witnesses or other investigative actions that may contribute to establishing the objective truth.
• To express one's position regarding the change of the preventive measure for the client.

Examination of evidence in a court session

This stage is the main part of the judicial process, during which the lawyer actively participates in the examination of evidence. Its activities at this stage include:

• Examination of witnesses. The lawyer has the right to ask witnesses questions to clarify their testimony, identify possible contradictions, and establish the truth of the testimony.
• Interrogation of experts. During the hearing of the experts, the lawyer has the right to ask questions that will help clarify the methods and accuracy of the conducted expertise, as well as the validity of the conclusions.
• Use of evidence in favor of the client. The lawyer can present his evidence or refute the arguments of the prosecution, drawing the court's attention to deficiencies in the evidence base or procedural violations.

The lawyer's participation in the examination of the evidence is crucial, since the correct use and interpretation of the evidence can affect the judicial assessment and the outcome of the case.

Delivering a speech in a debate

Court debate is an important stage of the process, during which the lawyer has the opportunity to present his position on each argument of the prosecution, summarize the evidence presented and focus the attention of the court on key aspects of the case. During the debate, the lawyer can:

• Describe the flaws in the prosecution's evidence base and express your point of view on their significance for the trial.
• Pay attention to the circumstances that can mitigate the defendant's guilt or exonerate him.
• Express a legal assessment of the actions of investigative bodies and justify possible violations of procedural norms.

The lawyer's speech must be logically structured, substantiated, based on facts and procedural norms, which allows for effective protection of the client's interests.

Final word of the lawyer

The final word of the lawyer is the last opportunity to influence the court decision. During the closing speech, the lawyer summarizes all the arguments and arguments, focuses the attention of the court on the key points, which, in his opinion, are decisive for making a fair decision. The final word includes:

• Summarizing the facts and evidence that testify in favor of the client.
• Expressing requirements for mitigation of punishment or acquittal if the grounds for prosecution are insufficient.
• An appeal to the court with a request to choose a fair decision, taking into account the circumstances of the case, compliance with procedural norms and the rights of the client.

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