The current criminal procedure law stipulates that a lawyer enjoys the procedural rights of a suspect or accused, whose protection he exercises, except for procedural rights, the exercise of which is exercised directly by the suspect, accused and cannot be entrusted to a defense counsel.
This provision gives the lawyer the rights that the client has under criminal procedure law, in particular regarding the collection and presentation of evidence. According to the Criminal Procedure Code, the defense is not limited to the collection of evidence only in the manner and manner prescribed by the CPC of Ukraine.
In carrying out his professional activity, a lawyer must perform actions not prohibited by law, the rules of lawyer’s ethics and the legal aid agreement, which are necessary for the proper performance of the legal aid agreement.
According to the current provisions of the CPC of Ukraine, the defense party is not actually entitled to conduct investigative (investigative) actions, covert investigative (investigative) actions and other procedural actions when collecting evidence, as this is the exclusive competence of the investigator and prosecutor.
The law gives a lawyer the right to:
- Interview participants in criminal proceedings and other persons with their consent. This makes it possible in the future to request the interrogation of witnesses;
- Apply with a lawyer’s request to enterprises, institutions, organizations for information;
- Apply to the court for temporary access to things and documents;
- Contact an expert (expert institution) for an examination.
In addition, the CPC of Ukraine provides for the possibility of initiating investigative and covert investigative actions and other procedural actions by submitting to the investigator, prosecutor relevant petitions, which must be considered within three days from the date of submission.
In addition, the guarantee of observance of the rights of the defense and the victim, which is able to protect against unreasonable refusal to grant the request, is the right to appeal to the investigating judge the decision of the investigator, prosecutor to refuse to satisfy the request .
It is possible to obtain proper copies of documents and information as a way of gathering evidence by sending a lawyer’s request. However, in practice, the use of this tool shows that in the absence of voluntary consent of the addressee to obtain copies of documents or certain information is impossible. Officials, in particular public authorities and local governments, are most reluctant to provide complete and accurate information or the necessary copies of documents.
How does this happen in real life?
A few words about the work of lawyers of the Law Office “Prikhodko and Partners”. Legal aid agreements have been concluded between the law firm and one of the clients. The man was involved in a car accident in Kyiv. The lawyer of the bureau, having arrived at the scene and exercising the rights provided by law, before the arrival of the patrol police received a recording from the video surveillance cameras, where the accident was recorded, received written explanations from witnesses. As a result of the actions taken, the evidence base was actually collected. But this served as a solid foundation for the protection of the rights of the victim.
In order to protect your rights, apply for legal assistance to the law firm “Prikhodko and Partners” – we will provide you with quality and professional legal assistance!