Representation of interests of the victim, the preparation and filing of a civil action in criminal proceedings, participation in court proceedings
Preparation for taking counsel claim
By folding claim lawyer fulfills a significant and complex doprotsesualnu work on studying the case and writing application. The record consists of oral explanations of interested parties and submitted their documents – contracts, licenses, regulations, certificates, receipts, acts, orders, letters and personal service, containing information relevant to the case. According to Art. 6 of the Law on the Bar lawyer may collect information about facts that can be used as evidence in civil cases.
Study materials enables business lawyer:
➤ to determine the legal nature of the claim, its elements and the necessary basis for the right to sue;
➤ to identify the composition of the parties and other persons who take part in the case, and other stakeholders;
➤ define the subject of proof and evidence to confirm them, collect them and file a claim with the court.
To participate in court cases:
Doing lawyer questioning in court, the accused, victims, witnesses, experts, specialists.
One of the constituent elements of lawsuit protection is driving lawyer questioning in court the accused, victims, witnesses, experts, specialists, during which the planned legal position clarified the circumstances that help to protect evaluated evidence gathered in support of the prosecution analyzed the arguments that the defendant suggests their rebuttal.
In the conduct of examination in court accused, victims, witnesses, experts, specialists lawyer should just clarify the factual circumstances of the case, the evidence examined in court, they do not distort the position and arguments of the prosecution not to mock the victims because “no worse reception protection as carping and unfair attacks on the victims. “
The court has no right to limit the duration of the interrogation lawyer some time. The judge or presiding in court suspends lawyer only when he is questioning goes beyond examining the case.
The structure driving lawyer questioning in court the accused, victims, witnesses, experts, specialists may consist of the following parts:
- analysis of the legal aspects charges brought;
- the characteristics of the individual defendant and, if necessary – the victim;
- the analysis of the causes of crime and conditions that contributed having done so;
- considerations about the type and extent of punishment;
- civil action;
- finally final.