Change the lawyer in criminal proceedings

According to the Criminal Procedure Code, namely Article 45, the only entity that can act as a defense attorney in any criminal case is a lawyer. It is the lawyer who defends the suspect or the accused. However, lawyers do not always live up to the client’s expectations. In this article, we will consider how you can change a lawyer in criminal proceedings, what “pitfalls” accompany this process.

Criminal proceedings: power of attorney

The Law of Ukraine “On Advocacy and Advocacy” and the Criminal Procedure Code define the following: “lawyers have the right to represent the interests of the suspect, the accused, witnesses, and third parties.” At the same time, Article 45 of the Criminal Procedure Code states that persons whose information has been entered into the Unified Register of Advocates of Ukraine may act as a defense counsel. Their professional activity cannot be suspended or prohibited.

In some cases, the case cannot be considered without the participation of a lawyer. It does not even take into account the cases when the suspect does not have the opportunity to use paid legal aid. The state offers adequate legal protection by providing free legal aid.

In what cases can a lawyer refuse to fulfill his duties?

Article 47 of the Criminal Procedure Code clearly lists the cases in which a defense attorney may refuse to perform his duties. Here are some of them:

1) Circumstances that exclude the possibility of a defense attorney participating in criminal proceedings:

• The lawyer was involved in the case in any of the other roles (investigator, expert, etc.).
• The defender provided legal support to the other party. In this case, we are talking about a conflict of interests.
• The lawyer has lost the right to engage in professional activity (for example, the validity of the Certificate has been suspended/cancelled.
• A defense attorney is a close relative of any member of the court.

2) Lack of agreement with the client (suspect/accused) regarding the method of defense. The exception is situations where the mandatory participation of a defense attorney is provided for.

3) Failure to fulfill the terms of the bilateral agreement concluded with the lawyer.

4) The lawyer does not have the proper qualifications for legal support in specific criminal proceedings.

Also, judicial practice has established cases of courts of various instances issuing resolutions on the appointment of a lawyer in violation of the legal procedure. For example, the court’s decision on the appointment of defense attorneys may apply to two participants in a criminal case at the same time.

Peculiarities of the procedure for replacing a lawyer in a criminal case

Current legislation regulates this issue as follows: one of the parties to a criminal case may refuse or replace a defense attorney. In this case, the suspect/accused. This procedure should take place only in the presence of the defender, after individual communication. Refusal to replace a lawyer or his replacement must be recorded in the protocol.

It should be noted that this procedure is rather problematic. This is due to the fact that the lawyer and the suspect have been working on a defense strategy in court for a long time. In some cases, the parties may agree in advance to terminate the concluded contract. If the defender does not appear in court, where his participation is mandatory, this may provoke a violation of the legal rights of all other participants in the case. All this is clearly spelled out in part three of Article 54 of the Criminal Procedure Code.

Therefore, every person has a legal right to protect his own interests within the framework of criminal proceedings.

If for certain objective reasons you are not satisfied with the work of the lawyer, you have the right to replace him. Highly qualified lawyers can protect your interests.

How to start the procedure for replacing a lawyer? It is best to announce your decision to the current defender. Maybe there was a simple misunderstanding. If no agreement has been reached, ask the court to replace the defender with a new one.

In the future, the new lawyer will be able to familiarize himself with the investigation materials and develop an effective defense strategy. You should remember that a professional lawyer must protect your interests within the framework of the current legal field.

With lawyers Prykhodko and Partners, you can count on getting the desired result. We have the necessary theoretical and practical experience that allows us to achieve the desired result.

Our lawyers provide a full range of services related to the legal support of participants in criminal proceedings. After concluding the contract, we will immediately start representing your interests. Reviews of our customers are a vivid reflection of the fact that we work exclusively for results. You will not need to spend time looking for a highly qualified lawyer.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services in criminal proceedings, fill out the form below.