TACTICS OF PROTECTION IN CRIMINAL PROCEEDINGS
Defense tactics in criminal proceedings are a necessary element of a lawyer’s activities as a professional representative of the defense party. What includes tactics to protect the suspect, the accused? – We will try to give an answer that will help to learn to distinguish a lawyer – a strategist and tactics from a formalist.
The formation of defense tactics is determined by setting goals (strategic aspect) and tasks taking into account the conditions of their implementation (tactical aspect).
The goals and objectives of the remedy are determined by the interests of the accused (suspects), which must be taken into account when developing the defense versions.
The implementation of tactical defense tasks should be based on the following principles:
Legal defense in tactical terms covers the organization and planning of defense actions, the choice of the line of conduct of the client during criminal investigation taking into account relations and interaction with other participants of the process, as well as other rules and methods of participation in criminal proceedings, applied in accordance with the criminal procedure. the law and the situation.
Legal protection is aimed at effectively protecting the rights and interests of the suspect, accused and providing him with effective assistance.
Defense tactics in criminal proceedings are first and foremost a means of legal activity, a method of action.
Why should the defendant (defendant) know about legal defense tactics? To better understand the work of your defense lawyer.
The defendant’s version of protection is a vital truth in which he needs to convince the investigator and then the judge. Simultaneously, versions of protection are one of the types of forensic versions that the investigation should be prepared to refute. Without a well-designed tactic, the task of protection is impossible.
For criminal proceedings, it is possible to identify typical versions of the defense that have been advanced in the light of standard criminal cases. Accordingly, standard versions are less effective for the purpose of protecting the accused.
Versions are the basis of security planning. In order for a lawyer to be able to correctly identify the tools of legal defense, he needs not only to know the circumstances of the criminal case, but also the motives that guided his client.
A lawyer, being a professional participant in criminal proceedings, exercising legal protection of a criminal defendant, must:
- timely adopt and apply tactics relevant to a particular situation, due to professional training and experience;
- to know the methods of activity that influence the form and content of criminal proceedings;
- to take into account subjective and objective conditions of activity (criminal investigation) that are different from the conditions of activity of another subject of criminal proceedings, for example, the investigator;
- adhere to the advocate’s and client’s interests.
Author: Andrey Kubov