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Procedural status of a lawyer's client
(victim, suspect, accused, witness)
It is quite obvious that the procedural status of a witness is not identical to the legal status of a suspect or accused, and the interests of the victim are opposed to the interests of the latter two. It is impossible not to take these circumstances into account when providing legal assistance. So, for example, a witness's lawyer is limited in his rights when familiarizing himself with the materials of the criminal case. The lawyer has the right to familiarize himself with the protocol of the investigative and other procedural actions, during which he provided legal assistance to the witness, as well as familiarize himself with the record in the protocol of the court session of the testimony of this witness.
In criminal proceedings on the fact of committing a crime against property, for example, on the fact of theft, it is unlikely that an expert examination will be appointed, the subject of which is to establish the severity of bodily injury. In the absence of such a need, the need for a lawyer to provide legal assistance when familiarizing himself with the decision of the investigator on the appointment of this examination is also excluded. There are other patterns due to the nature of the criminal case.
Stage of criminal proceedings
It has already been said about the stages of the criminal process, but outside the context of the amount of necessary legal assistance. One example. The criminal prosecution of a person in a criminal case, which is in the proceedings of the investigator, may be terminated on exonerating grounds (for example, for lack of evidence of participation in the commission of a crime) by issuing a resolution. In the same case, if the criminal case is referred to the court, if there are these grounds (lack of evidence), the criminal prosecution can be terminated only by acquittal. In this regard, during the preliminary investigation, a lawyer may submit a petition about this, and at the stage of the trial - assess the evidence in the judicial debate and express his opinion on what sentence should be passed.
Particular features of a particular case
The particular features of a particular case are innumerable. Often they are the ones that predetermine the scope and content of legal aid. The presence or absence of witnesses, the need for confrontations, the need to verify testimony on the spot, and much more. Even a simple non-appearance of a witness can delay the proceedings in court, which in turn affects the need for a lawyer to re-attend the hearing.
What kind of legal assistance does a lawyer provide?
Consulting a lawyer on issues of criminal law and procedure
The lawyer will advise on the rights and obligations of the participants in the criminal process, explain the procedure for filing petitions, the procedure for appealing against the adopted procedural decisions or completed procedural actions. Speaking about criminal law, a lawyer will express his opinion on the correctness of qualifications, give other explanations on the criminal law.
Development of a legal position on the case
The development of a legal position on the case is possible subject to the participation of a lawyer in a criminal case. The position can be grateful or exculpatory. In both cases, intermediate options are possible. In the case, both an active position (for example, giving evidence) and a passive one (refusing to testify) can be chosen. As in the previous case, intermediate options are possible.
The participation of a lawyer in the conduct of investigative and other procedural actions, as well as in the proceedings in court (including the appeal and supervisory instance)
When carrying out investigative actions, follow carries out activities to collect and verify evidence. A court session is a form of research and verification of already collected evidence at the stage of judicial investigation. In all cases, the participation of a lawyer helps to ensure the protection of the rights and interests of persons who have applied for legal assistance. Speaking about court hearings, it should be noted that in court the lawyer directly evaluates the evidence examined (in court hearings).
Implementation by a lawyer of actions to collect evidence
A defense lawyer is the subject of proof in criminal proceedings. This means that he has the right to collect and submit evidence, request the necessary information in the amount prescribed by law, interrogate persons in accordance with the criminal procedure law, file petitions for the demand for written evidence and for the production of additional investigative and procedural actions, participate in the examination of evidence and other.
Drawing up by a lawyer of an appeal or supervisory complaint, a written request and other documents.
When a verdict is passed, with which the accused does not agree, there is only one way to cancel it until it comes into force - by appealing on appeal. Upon the entry into force of the judgment, only a supervisory appeal with a request for a protest remains. In some cases, a revision of the verdict is possible due to newly discovered circumstances. In all these cases, a well-prepared document can become the basis for a revision of the sentence.
Visits by a lawyer to a suspect / accused in places of detention
A visit to a suspect / accused in places of detention is carried out in order to develop a legal position in a criminal case, discuss petitions to be filed, resolve issues when appealing a sentence and other issues arising from a criminal case.
