A defender in a criminal proceeding is a lawyer who defends a suspect, accused, convicted, acquitted person, against whom coercive measures of a medical or educational nature are supposed to be applied.
A lawyer is neither a representative nor a lawyer.
Legal representatives are parents (adoptive parents), and in their absence – guardians or trustees of a person, other close relatives or adult members of the family, as well as representatives of guardianship authorities, institutions and organizations, under whose guardianship or guardianship there is a minor, incapable or limited legal capacity.
Lawyer (representative) – a person with a law degree (graduated from a university with a degree in law) and represents your interests on the basis of a power of attorney.
In criminal proceedings, your interests may be represented solely by a lawyer or legal representative.
Advocaat enjoys procedural rights of the person who he defends but separate set of cases.
At the same time, no more than five defenders of one accused can participate in the trial.
The defender has the right to participate in interrogation and other procedural actions conducted with the participation of the suspect, the accused, before the first interrogation of the suspect, to have a confidential meeting with him without the permission of the investigator, prosecutor, court, and after the first interrogation – the same visits without limiting the number and duration. Such meetings may take place under the visual supervision of an authorized official, but under conditions that preclude the possibility of listening or eavesdropping. State authorities and local governments, their officials are required to comply with the legal requirements of the defense counsel.
The powers of the defense attorney to participate in criminal proceedings are confirmed by:
- certificate of the right to practice law;
- a warrant, an agreement with a defense attorney or on behalf of a body (institution) authorized by law to provide free legal assistance.
The criminal process does not allow mistakes. Incorrect indications or actions can then lead to negative, and importantly irreparable consequences.
It is important that your lawyer not only know the laws, but have experience and perfectly know the methods and psychology of law enforcement.
Operational staff and investigators, as a rule, in order to obtain information or inducing you to certain actions can not provide you with a full or distorted information. Remember that law enforcement agencies are working on the index, and the index – the maximum number of convictions.
Thanks to the experience of our team in operational, investigative units and the prosecutor’s office, you will always be one step ahead.