Subjects of evidence

The participation of the accused in proof ensures the protection of his legitimate

interests and at the same time contributes to a comprehensive, full and objective

study of the circumstances of the case, the establishment of truth. Accused, ne

committed crimes, objectively

i contribute to the investigator and to establish your innocence. This allows

investigative and court focus on establishing efforts

a valid criminal. The accused who committed a crime

active participation in proof contributes to a comprehensive and objective

study the circumstances of the case by the investigator and the court, clarifying

circumstances mitigating responsibility. Participation of the accused in proof

carried out by implementing the rights provided to him (Art. Art.

46.77 CPC RSFSR). The right of the accused to know the subject of the accusation is implemented

by presenting him a decree on attracting as an accused (in

court - by presenting a copy of the indictment), in which should

actual circumstances of the crime and his

criminal legal qualifications Implementation of this right serves as necessary

prerequisite for further active participation of the accused in the process

proving in relation to each procedural act in which

is formulated, changes, confirmed or rejected charges, law

sets deadlines during which the accused must be familiar with

the case of actual circumstances reported by the accused upon presentation

accusations should be such that it corresponds to the composition

incriminated crime law does not require that at this point

investigating the accused was communicated and the more presented

the evidence on which the accusation is based (Article 143 of the Criminal Procedure of the RSFSR). This is

many cases would create difficulties in the initiation of the accused and could

they will entail falsification and concealment to them not yet detected evidence.

However, there is no prohibition in the law to indicate in the decision to attract a person in

as accused of evidence, but equally to present evidence

accused at any time investigating the solution of this issue is determined

tactical considerations of the investigator at the same time should be borne in mind that

the accused, who is known for evidence, justifying the accusation,

it has the ability to more actively exercise its right to defense,

calculate the conclusions of the investigator, refute collected against him

evidence, to put forward new versions and thereby contribute

comprehensive and complete establishment of the circumstances of the case. Participation of the accused

in proven, it can be expressed in the country of explanations and testimony essentially

charged charges (ch. x). Explanations and indications of the accused usually

closely related to each other and, as a rule, are set out by interrogation. but

the explanations of the accused can be given and outside the interrogation, for example,

searching, investigative experiment, etc. Out of interrogation gives its

explanations of the defendant, responding to a court question, whether he recognizes himself guilty.

In the cassation instances of the convicted (justified) is allowed for the country

explanations (but not indications) in all cases when he appeared in court (v. 338

CPC RSFSR). The right to call the convicted person (justified) for this purpose

enjoy the court, considering the case in the order of supervision (Art. 377

RSFSR). Unlike explanation, the accused can testify only on

interrogation. The right to give testimony accused of recognizing himself

guilty, can inform the investigator and the court important information necessary for

checks for recognition and individualization of responsibility. Accused,

denied guilt, as a rule, indicates justifying its circumstances,

the inspection of which is the obligation of the investigator and the court. Indications

the accused can be used to expose a collusion and

perjury, to identify errors and inaccuracies in witnesses

and victims, as well as in the conclusions of experts. In the testimony can

If in explanations or in the testimony, as well as in cassation appeal

the accused led to his defense any arguments, the investigator and the prosecutor

at indictment, and the court in the sentence or cassation definition

can not go around their silence. The provision of the prosecution is complete

discover the arguments of the accused, denied guilt. Arbitrage practice

it comes from the fact that if in the indictment and indictment

the verdict does not disprove the arguments given by the accused of their justification,

they must be returned to the participation of the accused

proving may be expressed in the presentation of evidence that

carried out in the form of a petition for the object of objects and

documents available to the accused. After that, fixed

the fact of transferring and signs of subjects and documents, the message of the accused

circumstances of detection and storage, features indicating

the need for admission to business. Fixing the fact of transmission and message may

be implemented by drawing up a special protocol (or protocols

interrogation and excavations) and decisions in accordance with Art. Art. 84, 131 CPC

RSFSR 2. presentation subject or document to court, the accused states about

attachment him to the case as evidence. The court examines

submitted subject or document and finds out whether it can be used

as evidence, then transmits this subject or document for

introduction to the participants of the trial and listen to their opinion. ABOUT

attachment to the case of evidence (rejection of the application of the accused)

it is noted in the protocol and the definition is made. The accused has the right

represent evidence throughout the trial. If a

evidence is presented in judicial debate or when pronouncing

the last word, the court should consider the issue of the renewal of the judicial

consequences so that these evidence can be investigated by the court and

other participants in the trial. The accused has no right

"Take back" proofs presented to them, he does not use and

exceptional right to refer to the evidence submitted to them. AT

the stages of cassation production condemned (and his defender) enjoy

the right to submit to the superior court of the so-called new materials. On the

they are based on a higher court checks the validity of cassation requirements

accused (defender) or their objections to cassation protest prosecutor,

but it is not entitled to recognize the facts established by the facts that were not recognized

such a court of first instance. We believe in the court of supervisory instance

convicted (and his defender) is entitled to represent new materials; these

materials can help verify the validity of the sentence and

correction of judicial error.

Without having the opportunity to present evidence, but knowing where they

are or who has information about the circumstances studied

cases accused of entitled to ask about the recovery of evidence or conducting

procedural actions for their detection but the fact that the accused could not

submit evidence of innocence or indicate them cannot

considering as proof of his guilt. Implementation accused

the rights to declare petitions is one of the forms of his participation in proof.

Petitions may be declared, in particular, about the attachment

presented evidence; extermination of evidence; Holding

investigative or judicial actions in order to collect and verify

evidence; study of versions and others. The investigator and the court is not entitled

refuse to accuse in the production of action to collect evidence,

if circumstances, the establishment of which it is petitioning may have

meaning for the case (Art. Art. 131, 276 of the Code of the RSFSR). Unfortunately, this is the right

the accused is not always observed, which serves as one of the sources of judicial

errors. So, when studying the causes of judicial errors, corrected by cancellation

convictions, it turned out that 30% of such criminal cases are not

checked or insufficiently checked the circumstances indicated

accused of excuse. Deviation of the application of the accused may be

produced only by a motivated decree of the investigator or

court definition (Art. Art. 131, 276 of the Criminal Procedure of the RSFSR). The accused has the right

participate in the procedure provided for by law in conducting procedural

action aims to detect, procedural consolidation and verification

evidence. Carrying out some procedural actions in general

it is impossible without the participation of the accused (examination of the accused, interrogation and

presentation for identification of the accused, obtaining samples for research

etc.). In other cases, resolving the issue of participation of the accused

the investigative action depends on the prosecutor and the investigator (in court the accused

has the right to participate in trial from beginning to end, for

the exception of cases provided for in Part 1 of Art. 263, Part 3 Art. 280 and art. 401.

CPC RSFSR). Participating in procedural actions that are able to get from

his testimony (interrogation, full-time), the accused has the right: to report information

which he has; require accurate fixation of reported information in

protocol; Predit to record your testimony: to declare petitions;

make an application for illegal actions to be entered into the protocol

investigator, prosecutor, court; certify by your signature Protocol

investigative action (Art. Art. 151, 152, 131, 141 of the Criminal Procedure of the RSFSR). Participating in

procedural actions aimed at finding traces of a crime,

other material evidence and documents accused of entitled: to pay

the attention of the investigator for the presence (absence) of actual data having

meaning for a case and ask for them to enter the protocol; petition

seizure and adoption of objects and documents; inspect traces, subjects and

documents discovered during the investigative action; make statements

to be entered into the protocol of investigative action; certify

protocol with his signature (Art. Art. 141, 151 of the Code of Criminal Procedure of the RSFSR). When conducting

procedural actions, during which the health status is investigated

accused (examination), examines his body (examination),

experienced actions are held with his participation (investigative experiment),

it is unacceptable to put the life and health of the accused, as well as

to humiliate his dignity. It is unacceptable to attract the accused to participate in those

investigative actions, during which the presence of third-party persons

prohibited by law (interrogation of a witness, a full-time rate between witnesses, etc.).

The accused is entitled to get acquainted with the proofs collected by the time

the end of the preliminary investigation it gives him the opportunity

apply for an addition to the investigation or the termination of the case. WITH

some evidence accused meets and before

completed investigative production (when familiarizing with a decree

appointing examination and expert's conclusion, during investigative

the actions in which he participated). As already noted, the investigator has the right

to present the accused of any evidence in the case before

investigating the acquisition of evidence, the accused is entitled to state

investigator their explanations and declare petitions arising from the assessment

assembled in the case of evidence. The accused is entitled to participate in

research evidence by the court, in particular, ask questions to witnesses,

victim, experts, other accused, inspect with the court

evidence and place of incident, get acquainted with documents,

acquisified to business, to declare petitions.

Applications of the accused in connection with the study of evidence are recorded in

a trial protocol speaking with the last word, and in the absence of

defender - and in judicial debate, the defendant evaluates evidence than

not only protects its legitimate interests, but also helps the court deeper

understand the circumstances of the case and come to the right conclusions. Accused

have the right to declare the taps to persons engaged in proving, as well as persons

participating as an expert, translator, secretaries of the court session and

etc. The persons who are disposed of evidence or having access, not

must be interested in the outcome of the case. The right of the accused to bring complaints

on the actions of the investigator, the prosecutor, the court ensures compliance with the principle

legality in proof serves as a guarantee against the indictment

research and evaluation evidence. Right to participate in proving

the preliminary investigation uses the suspect. -One participates in

proof in the same procedural forms as the accused, for some

with seizures caused by the features of his procedural position (at

in particular, he is not entitled to demand acquaintance with the subject of the charges,

since the latter is not yet formulated). Like the accused, he is entitled not

participate in evidence, bearing in mind that the obligation to proof on

preliminary investigation lies on the investigator and prosecutor, but it is obliged

obey their legitimate requirements aimed at discovering

evidence. Comprehensiveness, completeness and objectivity of preliminary and

judicial consequences, making a legitimate and reasonable sentence

significantly contributes to participation in proving the defender. Defender actions

in the process, proof is determined by the place established in law:

the need to clarify the circumstances justifying the accused or

mitigating his responsibility (Art. 51 of the Criminal Procedure of the RSFSR). From here it follows that

the defender is not entitled to do anything that might worsen the situation

accused, in particular insist on finding out the circumstances,

confirming guilt or aggravating responsibility (Art. 23 of the foundations).

The defender must indicate the investigator, the prosecutor, the court of circumstances,

speakers in favor of the accused, declare violations of the accused

require that these violations are eliminated. Challenging presented

charging or by setting the question of mitigating responsibility, the defender enjoys

established by law to prove being associated with the requirements

the law to prove only justifying accused circumstances or

circumstances mitigating his responsibility, the defender is not related to the point

vision of the proportion of paths, methods and means of achieving this goal in

theories and in practice causes differences the question of whether the right of the defender

recognize that his client committed a crime and ask only about

softening the punishment, i.e. to transfer the center of gravity to participate in

prove the circumstances mitigating responsibility, although the accused himself

the guilt denies. In fact, it is a question about the limits for the boundanness of the defender in

proving the position of the client, arising from the more general question about

the legal nature of judicial protection. According to some, protection has

public legal character and therefore the defender is quite independent in

determining the actual, and not impaired interest of the accused and means of his

protection and according to others - is a type of judicial

representative offices in which the representative is fully connected with the position

the problem submitted in the proof aspect is about

the ratio of the internal belief of the defender based on evidence,

and the position of the accused due to the desire very often

avoid responsibility. Defender, as well as court, prosecutor, investigator

evaluate evidence in their inner conviction, guided

law and Socialist Omniscience. The difference, as noted in ch.

VII - in the procedural consequences of the assessment and in the approach to it only from the standpoint

protection. The result of such an assessment is the internal conviction of the defender in

guilty or innocence of the client. If this is a belief in innocence,

that theoretical difficulties does not arise: the defender determines its position

in accurately according to his conviction and defends her before the court. For

this inner conviction and the position of the defender are quite independent, not

associated with the will and position of the client. There are, in particular, not so

rare cases when the accused recognizes himself guilty of committing

crimes, and the defender is convinced that his client did not commit

crimes or committed less serious crime. Possible discrepancies I.

oN THE QUESTION OF PANUM: Accused in the rustling of repentance can ask for

applying a stricter penalties to it than that he is on the very

case deserves in relation to both of these cases it is important to emphasize

that in the presence of belief in innocence, less fault and necessity

apply less severe punishment The defender has the right to disperse with the accused not

only in opinions, but also in position in court. This manifests itself

public legal nature of judicial protection, its independence,

unbound with the will of the accused. The situation is in situations,

when the accused denies his guilt, and the defender is based on the studied

evidence internally convinced of his guilt or more fault than

the one recognizes the prosthetic of course, the defender does not need to repeat

circumstances, use evidence mined with violation of the law, and

etc. But at the same time, the defender should not prove the guilt of the accused,

if the last guilty denies his guilt. This would have undermined the idea of \u200b\u200bprotection,

which, with this maintenance, would turn into its opposite -

accusation. Such actions of the defender would mean actual rejection of protection,

forbidden by law. In particular, the defender may not focusing on

the question of guilt, focus in these cases on the moment

positively characterizing the identity of the defendant; may ask about more

deep study by the court of arguments given by the accused

justification, etc. In other words, specific techniques and means of protection and in

these cases determines the defender himself, but the denial of the accused of his guilt is not

allows the defender to approve this guilt before the court. With such a position

the defender does not lose opportunities to prove mitigating responsibility

circumstances. If these circumstances in the case are not clarified, then not all

elements of the subject of proof are established and, therefore, accusing

the sentence cannot be made. The law imposes on the defender duty

use all allowable means and protection methods to find out

circumstances justifying the accused or softening it

responsibility. However, if the defender has not positively proven innocence

his support, it does not mean that his guilt is proved.

In case of insufficiency of evidence, justifying the version of the charge, thesis

"Not guilty" is proved by guidance on the unreasonableness of the thesis

"guilty" put forward by the accusation. Thus, the defender can: a)

refute the accusation by criticizing the evidence underlying it; b)

positive to prove facts not compatible with facts incriminated

accused; c) specify not studied versions that refute the version

accusations; d) indicate the insufficiency of evidence underlying

the accusation is obliged to participate in proof to protect the legal

the interests of the accused, the defender enjoys the same rights in evidence,

what and his client. Participating in finding out all the circumstances speaking

the benefit of the accused, the defender is entitled: a) to declare petitions for recovery

and attachment to the case of evidence, submit documents and objects,

which may have evidentiary importance; b) petition before

investigator and court on establishing circumstances speaking

accused and ask for production for this necessary procedural

actions; c) participate in cases provided by law in production

investigative and judicial actions to collect and verify evidence and

make statements to be entered into the protocol; d) declare taps

process participants; e) appeal their actions and solve these

the rights of the defender can only if there is an idea of

the personality of the accused and know the essence of the charges, as well as all the evidence,

which are collected in the case. Only study and evaluation of the latest from the position of protection

will allow him to determine the correctness of legal conclusions regarding his

client and resolve the question of what circumstances must be checked

additionally install or refute and what means. Therefore, on

investigator, prosecutor and court lies the duty to provide the defender with

the time of entry into the work the opportunity to get acquainted with the Mate Rials of the case and

write out of it the necessary information about with parangular evidence, and

also having a date with the accused. At meetings with him, the defender is not only

finds out the position that he will occupy in the process of evidence, and

reports about its position, but also seeks to identify circumstances

characterizing the identity of the accused: character, inclination, standing

health, ability, attitude towards the environment, i.e., all that

to some extent can be due to the ranks and motives of the commission

crimes and used in the interests of protection by petitions about collecting

additional evidence. The right to date with the accused may be

used also to familiarize the accused with a position that

implies to take the defender, and to find out how imagines

accused case circumstances. The defender can find out from the accused

from witnesses except questioned, it is necessary to arouse in court to

confirm the circumstances justifying or softening it

responsibility, does he have or his close objects and documents,

which could be presented as evidence that refute

charging (softening responsibility). Protector running right to represent

evidence, criminal procedural law does not indicate which

the limits of which way and with the help of what methods he can collect them.

There are often cases when documents or objects that can be evidence

in the case, the defender receives from the most accused or his relatives.

In addition, a different kind of shirt can do

documents requested through legal advice if the defender -

member of the Bar College. In accordance with Art. 26 Provisions on Bar

RSFSR "Legal advice in necessary cases It is entitled to request from

state and public organizations of certificates, characteristics and other

documents related to the provision of legal assistance lawyers. "Documents

can be exterminated through the organization that allocated its

representative as a defender.

Required references may have a different character, such as references with

places of work of the client, certificates from medical institutions

health, etc. It seems that references and characteristics may be

they are also requested in relation to other persons participating in the case, if necessary

to reinforce protection (for example, negative characteristics

the victim, a certificate of a witness's disease, etc.). The question of what

materials must be submitted as evidence to the authority

investigations and court, the defender itself decides. Neither the investigator nor the court is entitled

repay him collecting materials that he himself does not consider it necessary

imagine. In the case of the presentation of such materials by the defender, the question of

that of the data presented should be attached to the case, decides

investigator (Court). The circle of evidence that can be collected and

represented by the defender, limited. These are documents and objects, possibly

who are real evidence. Interrogation of a witness or victim

at the request of the defender, as well as examination, not covered

the concept of submitting evidence. Collect any information by

polling of individuals, lead "preliminary conversations" with witnesses,

the defender's victims and experts are not entitled to note that the question of

the limits of the protection rights during the recovery and submission of documents caused

certain difficulties in B. judicial practice. In this regard, represents

interest Resolution of the Presidium of the Supreme Court of the Latvian SSR from 13

february 1958 the Presidium canceled the private definition of the judicial board

criminal cases of the Supreme Court of the Republic, which indicated on

inadmissibility of a lawyer's actions, photographed the scene and

i submitted photography to court as evidence. "Petition

a lawyer on admission to the case of said photographs No foundation

consider as actions included in competence

investigator, "- said in the ruling. Position taken by the Presidium

The Supreme Court of the Latvian SSR is not indisputable. Law N.

provides a defender of the right to assemble and fix

evidence instead of the investigator and the court.

Therefore, there is no investigative actions in this direction.

can not. If, in his opinion, it is necessary to make such actions, he

must state a petition to the investigator or a court. Of course, the law does not prohibit

defender, like any face, take pictures of the terrain, items and

submit photos to the court. However, these photos can not be viewed.

more than the reasonable petition of the defender of the re-examination

as a procedural action of an independent value of evidence, they are not

have. Proof, about the recovery of which the defender is petitioned, or

facts, on the clarification of which he insists, should be important for business.

The acquisition of evidence to the case and the establishment of new circumstances should

fill the gaps of investigation and complement the case file. That is what I.

the claimed petition is justified, which the defender must motivate,

specifying, "to establish what kind of circumstances are necessary

additional evidence "(Art. 276 of the Code of Crimson RSFSR). If the defender

it is allowed to participate in the case from the moment of charge, he can

attend the production of individual investigative actions and ask

permissions of the investigator questions to the accused, witness, victim and

expert, as well as make written comments on the correctness and

full records in the protocols of investigative actions. When the defender is involved

in the case of the end of the preliminary investigation, it is with permission

the investigator may be present when interrogations of the accused and in production

other investigative actions performed at the request of the defender or

accused. Participating in the judicial investigation by interrogating persons caused to court

inspecting material evidence introduced to the case, etc.,

the defender also eliminates the right to participate in collecting and verifying

evidence. The defender evaluates evidence in its internal

conviction. An intermediate result of the evidence made by them may

be a petition, complaint. Full and comprehensive presentation of their conclusions on

the basis of the evaluation of evidence, the defender gives in speech at the trial, as well as in

explanation when considering the case in cassation or supervisory order.

I mention about participation in proving the legal representative of the accused,

criminal Procedure Codes of the Union republics are currently not

subject proving Legal Representative is a person under guardianship or on

whose care is a minor or citizen who is not in

condition to protect your rights and legitimate interests legitimate

the representative is obliged to participate in criminal proceedings to the extent that

what this requires the protection of the interests of the represented. He is independent

the participant of the process of evidence and is not bound by the position of the submitted person and

defender. The participation of the defender does not exempt the legal representative

accused of performing his functions and vice versa. For legal

the representative is characteristic that he, participating in evidence, in most

cases combines this procedural function on the other - a witness,

civil defendant in these cases he simultaneously enjoys the rights and

the duties of the participant in criminal procedure activities. On the

preliminary investigation and inquiry Legal Representative is entitled to declare

petitions and submit evidence to attend permission

investigator in the production of investigative actions, participate in

introduction of a minor accused with the materials of the completed

investigative production. He has the right to discuss with the defender and

minors separate circumstances, make their attention to

evidence, helping a minor to get acquainted with the case file,

declare petitions. However, the investigator is obliged to prevent in a timely manner

attempts by the legal representative to abuse him granted to him.

In court proceedings, the legal representative participates in proof

on a par with other participants - a defender, victim, etc.; is he

has the right to appeal the verdict and participate in the consideration of the case

hasional court. The court must, on its own initiative, find out the opinion of legal

representative on emerging issues along with the opinion of other participants

judicial trial. Given the possible legal ignorance

legal representative, court during the whole judicial investigation actively

contributes to the use of their rights to participate in evidence.

Of course, it should be remembered that the legal representative is a person

interested in the outcome of the case. This obliges the court to critically relate to

his explanations and busy position. Legal representative, like

the victim is not removed from the hall with witnesses and throughout

the trial is considered as its participant, and how

witness. At any time, he can ask questions, and questions may be

they are given, he can file petitions, and petitions may be declared

regarding his testimony.

Hello!

Position h. 2 tbsp. 49 Code of Criminal Procedure of the Russian Federation gives a suspect and accused the right to take advantage of the help of both a lawyer and another defender in the face of a close relative or "other person", i.e. To make a choice between them or add them to each other. It also provides the ability to choose between various qualification levels of legal assistance provided - a lawyer, whose qualification is confirmed by the presentation of the warrant advice, and "other person", from which the qualifications confirmation is not required.

Different level of formal qualifications of defenders still does not indicate the presence of their abilities necessary for the implementation of protection. The difference in qualification levels can be compensated by other qualities of these individuals and does not entail their actual inequality in the process. Indirect confirmation of this is part of the 1st Art. 52 Code of Criminal Procedure, providing an accused of an opportunity to completely refuse protection and, therefore, to defend himself independently without any evidence of its qualifications.

To make a decision on the admission of these persons to participate in the case as a defender can only the court, hence the rather controversial position that these persons cannot participate as a defender on the side of the suspect, accused on the preliminary investigation. The law lies their entry into the criminal procedural acts of the court or judge. However, as we see, such a decision can be accepted and at the pre-trial production stage, at the stage preliminary investigation.

Nothing hinders the accused to apply to the court with a separate request to consider his petition for admission to participate in the case at the preliminary investigation stage of the defender from among close relatives or "other persons", since at this stage of the criminal process is being formed by an evidence base and often the results of the preliminary investigation may be To be of great importance for the further progress of the criminal case. It is at this stage that the defender has time and the ability to produce evidence of protection, which either prove the innocence of the accused, or indicate the inadmissibility of the evidence received by the investigator (investigator).

At the same time, the court also lacks legitimate obstacles to consider such a petition in a separate judicial process, Allow it essentially with the participation of the parties (investigator, the prosecutor, the accused) and decide on it, which can later be checked by a higher court. On the contrary, based on the provisions of ch. 15 Code of Code of Criminal Procedure, the Court is obliged to resolve a petition submitted by the accused and make a motivated decision on its full or partial satisfaction or a refusal to satisfy it, but in the presence of real obstacles to the participation of such a defender in the case.

Article 51. Defender Responsibilities and Rights

The defender is obliged to use all the funds mentioned in the law and methods of protection in order to identify the circumstances justifying the suspect or accused, mitigating their responsibility, to provide them with the necessary legal assistance.

Since the admission to participate in the case, the defender is entitled:

have with suspected and accused dates alone without limiting their quantity and duration;

attend the prosecution, to participate in the interrogation of the suspect and the accused, as well as in other investigative actions produced with their participation;

get acquainted with the Protocol of Detention, Decree on the use of a preventive measure, with the protocols of the investigative actions made with the participation of the suspect, accused or the defender himself, with the documents that were imposed or should have been presented to a suspect and accused, with materials sent to court to confirm the legality and validity. applying to them detention as a measure of curbing and extending the term of detention, and at the end of the inquiry or preliminary investigation - with all the materials of the case, to write out from it any information and in any amount;

submit evidence;

indicating;

participate when considering the judge of complaints in the manner provided for in Article 220.2 of this Code;

participate in the court proceedings in the court of first instance, as well as at a court session, considering the case in cassation;

declare

bring complaints against the actions and decisions of the person who produces inquiry, investigator, the prosecutor and the court;

use any other means and protection methods that do not contradict the law.

The defender participating in the production of investigative action is entitled to ask questions to the questioned persons, to make written comments on the correctness and completeness of records in the protocol of this investigative action.

The investigator can take advocate questions, but it is obliged to put the issued questions in the protocol.

The implementation of the defender, admitted to participation in the case, its rights cannot be made dependent on the preliminary interrogation of the suspect or the accused or the production of other investigative actions, unless otherwise provided by this Code.

The lawyer is not entitled to refuse to protect the suspect or the accused.

The defender is not entitled to disclose the information reported to him in connection with the implementation of the protection and provision of other legal aid. (As amended by the Law of the Russian Federation of May 23, 1992 N 2825-1 Vedomosti of the Russian Federation and Armed Forces of the Russian Federation, 1992, N 25, Art. 1389)

§ 5. Defender's powers

Defender - an independent subject of criminal court

hardware. However, the preferaber has a significant

volume procedural lawdefined independence

when choosing procedural means and tactics

protection does not exclude the derived nature of its activity

since he is associated with the accused (suspected),

presents its procedural interests, by virtue of his

procedural independence has certain boundary

tsy. From the will of the accused (suspect) depend not only

the choice of defender (and therefore its participation), but also

the limit of the elected means of protection2. Defender is free -

within the law - in the forms and methods of implementing

you, his position may differ from the position of the client,

if the protection direction chosen is favored by

fit the last. But the defender is not entitled to do anything,

which might in the least worsen the position of the subsistence

shimmer. Otherwise, the right to assist the defender (Art. 48 of the constitution

russian Federation Art. 16 CPC) will lose any meaning. For example, lawyer

it is not entitled to make public statements about the prognosis of guilt

the principal, if it denies it1, and also borrow in the case

contrary to the will of the principal, except in cases

gda lawyer is convinced of the presence of a self-shaped of the principal (paragraph 3

and 4 h. 4 tbsp. 6 of the Federal Law "On the Advocacy

and advocacy in the Russian Federation ").

The law provides the defender of ample opportunities for

implementing their procedural rights in criminal proceedings

water. Since the admission to participation in a criminal case (see

h. 3 tbsp. 49 CPC) Defender has the right:

1) to have a suspected date alone and confidential

alcohol, including before the first interrogation, from the moment of excitement

with respect to his criminal case (paragraph 3 of Part 4 of Art. 46, paragraph 2 of Part 3 of Art. 49

CPC), or from the moment of actual detaining of the person in

coming in committing a crime for which

sentenced in the form of imprisonment (p. 3 h. 4 of Art. 46,

sub. "A" p. 3 h. 3 of Art. 49) or from the moment of actual retention

persons suspected of committing a crime in

case of application to it in accordance with Art. 100 UPC measures

preventing in the form of detention before the presentation of

mOTIONS (p. 3 h. 4 of article 46, sub. "B" p. 3 h. 3 of Art. 49, Art. 100 CPC),

either from the moment the face is notified of suspicion of

the crime is performed in the manner prescribed by Art. 2231.

Code of Criminal Procedure (p. 3 h. 4 of article 46, p. Z1 h. 3 of Art. 49; paragraph 1 of Part 1 of Art. 53 CPC). Od-

nako, when detaining a person on suspicion of

steps for which punishment may be appointed

imprisonment (art. 91 of the Code of Criminal Procedure), if necessary,

water proceedings with its participation

a date may be limited to the investigator,

mandatory preliminary notice

this suspect and his defender (in any case,

resistance date can not be less than two hours - h. 4

art. 92 CPC). Dates with accused alone and confidential

ansky defender has the right to have without limiting their number and

longevity, including until the first interrogation of the accused

(paragraph 1 of Part 1 of Art. 53, p. 9 h. 4 of Art. 47 Code of Criminal Procedure).

Order is the only document on the basis of

which lawyer is allowed to participate in a criminal case in

honor of the defender and implements the law provided by him

rights, including the right to a date with

guardians suspected and accused (part 4 of article 49 of the Code of Criminal Procedure).

However, often in practice such dates are provided.

a lawyer only upon presentation, in addition to the order,

permission issued by the fact that the investigator follows

lem or Court, in the production of which is the criminal

a business. The discretion of these officials depends on

what will be this permission - on one date (then each

once a lawyer will have to receive a new one before a date

decision) or immediately for the entire period of investigation or consideration

business in court. As indicated by the Constitutional Court of the Russian Federation, "

a lawyer having an order ... procedural duties

the defender's steits cannot be addicted to

discretion of an official or body in the production of

there is a criminal case based on not listing

circumstances in the criminal procedural law

the keying participation of this lawyer in the case "(see Art. 72 of the Code of Criminal Procedure).

The provisions of the law, "determining the moment from which the lawyer,

having an order ... has the right to enter into a criminal case, not

lag some special - permissive - order

who entry ... ". However, the law "is not determined by

drawing clear criteria for conditions and procedures for implementation

the lawyer of the right to dates with the custody

vibrant (suspected), in particular, is not clear enough

whether to provide dealers of law

ra ... Or require any other confirmation of his participation

in the case as a defender, coming from face

or organ, in the production of which is a criminal

lo ... Requirement of the obligatory receipt of a lawyer (defenders

com) permits ... to admission to participate in the case means

that the suspect and the accused can lose

timely qualified legal aid, and

lawyer (defender) - opportunities to fulfill their profession

sional and procedural duties, if receiving

such permission is hampered by the circumstances of the objective

(lack of investigator) or subjective (reluctance

In criminal proceedings in accordance with Art. The 49 Criminal Procedure Code of the Russian Federation as advocates allow for lawyers. By definition or judgment of the Court, one of the close relatives of the accused or other person may be admitted to a lawyer, the admission of the accused. In the production of the magistrate, the specified person is allowed instead of a lawyer.

Protector in criminal proceedings

The defender is such a member of the criminal process, which is obliged by all legal means to find out the circumstances justifying and relieving the accusation with the defendant and pressing him legal assistance.

1. Lawyer - Member of the Board of Lawyers is allowed to participate in the case on the basis of an order issued by legal advice and a copy of the license is necessary.

it is allowed to participate in the case of all cases from the moment of charges, in case of detention or election of preventive measures (detention) - since the implementation of the Protocol on detention or decree on the use of preventive measure.

Conference Yurkluba

Received status. The judge does not allow you to remove copies of the materials of the UD. I went to the Chairman of the Court. That generally said that he did not understand why the judge went about us, and made such a decision. That she will recommend revising the decision taken by him, and cancel it. Also did not allow to make copies. She said that the practice of refusal is already existing on the right. Defender.

if it's not too late, ask a separate decision on the assumption, because then with the discharge from the protocol, thermoka will be much - the specialty SIZO will ask for the Code of Criminal Procedure or the Resolution.

It should be immediately noted that in russian legislation There is no concept "Public Defender" - this term is, rather, by the echo of the USSR, therefore, in the Russian consciousness, under the public defender is understood as the second in the process of legal proceedings, in addition to a lawyer (basic defender).

Nevertheless, in the Russian Code of Criminal Procedure, there is a concept of "defender", in the framework of which the functions of the most "public defender" can be included - the persons on the admission of which the accused itself becomes for the trial.

Public Defender in the Civil Procedure

For lawyers, the Institute of Public Defender is especially important, because it can contribute to the implementation of the attached lawyers Federal law "On the bar and advocacy in the Russian Federation" mission, as well as to increase the prestige of the lawyer.

Sometimes visits to the suspect (accused) in IVS or SIZO for various reasons become too burdensome for a lawyer.

Public defender

Public Public Defender - In the Russian Federation, an independent participant in criminal proceedings, representing a public organization or labor team and to determine the court admitted to participate in the court proceedings. O.Z. It is entitled to submit evidence. Take part in the study of evidence, to declare a petition and taps before the court, to participate in judicial debate, expecting a court regard to mitigating responsibility or justifying the defendants, and is equal to the possibility of mitigating the defendant punishment.

Relative as a defender on the process

I'll ask why my husband in the presence of a professional lawyer. Tell me that the law does not provide for opportunities in the absence of a professional lawyer to become the "defender along with a lawyer" ("public" is an obsolete concept). Availability of a professional lawyer is a prerequisite, in order to become "Along with a lawyer"

Asked how you intend to protect.

Himself to the lawyer

Such a procedural person as a public defender in the criminal process currently does not exist. Public existed in the Soviet criminal process. It was a representative of the public who carried out the function of protection in the criminal process, both at the stage of preliminary investigation and in court.

In the current criminal process, it is possible to participate as a defender of close relatives of the accused or other person, on admission to participation, in which the accused is applying.

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public Defender in the Civil Procedure

The accumulated multi-year positive experience and reviews of our principals allow us to be approved with confidence that any of your problem will be solved in the shortest possible time.

Our advantages:

• Experience of our lawyers - from 10 to 25 years;
• More than 10 years of work in courts;
• Various specialization of our lawyers and lawyers;
• Privacy guarantee
• Extensive experience and successful judicial practice;
• Affordable prices for legal assistance;
• Individual approach to every problem;
• Solving complex and non-standard problems;

If you need qualified legal assistance - we are always ready to individually help you, taking into account all the subtleties and an individual approach to each specific situation, including any non-standard situations.

Your question is not entirely correct. Currently in existing legislation There is no concept of public defender.

It is not clear from your question, in which justice you want to be a defender of your civil husband.

In criminal proceedings in accordance with Art. The 49 Criminal Procedure Code of the Russian Federation as advocates allow for lawyers. By definition or court of judgment, one of the close relatives of the accused or other person may be admitted as a defender, along with a lawyer, the admission of the accused. In the production of the magistrate, the specified person is allowed instead of a lawyer.

Thus, in criminal proceedings, you can be a defender of your civil husband only at the stage of consideration by the court, after applying by your husband the appropriate petition and satisfaction with his court. I draw your attention to the fact that you can participate instead of a lawyer only on affecting the global judges. For other categories of affairs you can only participate with a lawyer.

In administrative production in accordance with Part 2 of Art. 25.5 Code of Administrative Offenses of the Russian Federation as a defender or representative to participate in the proceedings administrative offense A lawyer is allowed or other person.

Who is the public defender?

That is, administrative deeds You can be a defender and instead of a lawyer. At the same time, your powers can be certified by attorney or the stated petition of your husband in court.

AT civilian production Situation similar to administrative production. By virtue of Art. 49 Civil Procedure Code of the Russian Federation by representatives in court may be capable persons who have properly decorated powers for doing business, with the exception of judges, investigators, prosecutors.

The authority of the representative is also confirmed by either by attorney, or by the petition of the person declared at the court hearing.

In case you are not understood by a specific procedure, we recommend that you apply for advice in the receptant lawyer of Ivlev Sergey Sergeevich at the address: Orenburg, ul. Shevchenko 20V, Office 414, Tel.: 20 V, Office 414, Tel.: 8 8-919-865-42-20.



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The rights and obligations of the Defender in the Criminal Procedure

In order to determine the position of the defender in the criminal process, it is necessary to study the aspect regarding its rights and obligations. The defender is an independent subject, but its independence in the most important procedural actions is limited by his connection with the suspect, as it provides protection in his interests. Thus, the choice of the defender of funds and methods of protection depends on the will of the accused, the same applies to the appointment of the defender itself. However, the direction of protection chosen by the lawyer may differ from the position of the accused, but only if this direction can improve the position of the suspect; But the defender should not take actions that adversely affect the position of the suspect.

As we have said, preference to participate as a defender in the criminal proceedings is given to professional lawyers, and its main function is to protect the accused, providing him with qualified legal aid. The defender begins to implement his powers from the moment of admission to participation in a criminal case. The decision on the admission of the defender can take the investigator, the investigator, the court, the judge by publishing a warrant or other document, which confirms the powers of the defender.

Public defender how to become

Thus, after admission to participation in a criminal case, the defender, in accordance with Art. 53 Code of Criminal Procedure, to make the following actions that apply to the specific rights of the Defender:

1) to have a suspect, accused of dating;

2) collect and submit evidence necessary to provide legal aid;

3) involve a specialist;

4) to be present under the charge;

5) to participate in the interrogation of the suspect, accused, as well as other investigative actions produced with the participation of the suspect, accused or by his petition or the applications of the defender himself;

6) Get acquainted with the Detention Protocol, the Decree on the use of the preventive measure, the protocols of the investigative actions produced with the participation of the suspect accused, other documents that were presented either should be brought by a suspect accused;

7) to get acquainted at the end of the preliminary investigation with all the materials of the criminal case, write out information in any amount, to make up a copy of the criminal case materials, including with the help of technical means;

8) to declare petitions and taps;

9) to participate in the trial of the criminal case in the courts of the first, second and supervisory instance, as well as in the consideration of issues related to the execution of the sentence;

10) to bring complaints against actions (inaction) and solving the investigator, investigator, prosecutor, court and participate in their consideration by the court;

11) Use other non-prohibited CPC tools and protection methods.

Also, the defender in the criminal process is given the following rights:

- He has the right to know his rights and obligations;

- to carry out legal assistance in the native language;

- the defender can be provided with a translator service;

- to submit evidence;

- to declare petitions;

- declare taps;

- Serve complaints about solutions and actions of the investigator, investigator, prosecutor, court.

An important responsibility of the defender (lawyer) is to comply with the confidentiality of information trusted by him; The obligation to comply with confidentiality is not limited in time.

In the process of carrying out investigative actions, the defender must ensure its proportion adoption of the necessary measures for the protection of personality, protection legal rights And the interests of the client.

The Federal Law of the Russian Federation "On Advocacy and Advocacy" indicates a list of actions that are not entitled to perform a defender, these include:

1) to accept from the person who appealed to a lawyer for legal assistance, obviously illegal orders;

2) to accept from the person who addressed to him for the provision of legal assistance, instructions in cases if: has independent interest on the subject of an agreement with the principal, different from the interest of this person; participated in the case as a judge, an arbitration judge or arbitrator, an intermediary, prosecutor, investigator, the investigator, an expert, a specialist, a translator, is this case victim or witness, as well as if he was official, whose competences were the decision-making in the interests of this person; consists in related or family relationship with a job officer who took or participate in the investigation or consideration of the case of this person; provides assistance to the principal whose interests contradict the interests of this person;

3) to occupy a position in the case, which contradicts the will of the principal, in the event that this position worsens the position of the prostum;

4) to publicly declare the guilty of his client, if the latter denies his guilt;

5) disclosure information trusted by the Protector of the principal;

6) Make a refusal to protect against itself.

Thus, the main function of the defender in the criminal process is directly protection of the rights and legitimate interests of the suspect, fulfilling the requirements of the law and the Code of Professional Ethics of the Lawyer.

§3 The foundation of the participation of the defender in the criminal process

Another important aspect in the consideration of the state of the defender in the criminal process is the foundations of the participant in the Defender in the Criminal Procedure.

This list of bases is disclosed in Art. 51 Code of Criminal Procedure. Thus, to cases where the participation of the defender in the criminal process must necessarily belong:

1) cases when the accused did not refuse the defender;

2) cases where the accused is a minor;

3) cases where the suspect or the accused cannot independently exercise the right to defense, by virtue of physical or mental drawbacks;

4) cases where the accused does not own the language in which the criminal proceedings are being conducted;

5) cases when the crime in which the person is accused can be appointed in the form of imprisonment for a period of over 15 years, lifelong deprivation of liberty, or the death penalty;

6) cases when a criminal case is subject to consideration with the participation of jury meetings;

7) at the request of the accused of consideration of the case in a special order;

8) cases of the application of the application accused of the production of inquiry in a criminal case in a reduced form.

The defender can start participating in criminal proceedings from the moment of inviting him to the accused, on the basis of the agreement concluded with him, or on his instructions with its relatives, legal representatives or other persons. Have a defender - this is the right of the accused, and thus he has the right to refuse the defender, but the refusal must be performed on the initiative of the accused, voluntarily. If the suspect does not have the ability to pay for the Defender services, its payment takes on the state to implement the provision of the Constitution of the Russian Federation on the right to qualified legal assistance.

The rejection of the defender is allowed only by voluntary desire for the suspect and only in writing. The refusal of the defendant accused does not mean that in the future he cannot apply for the participation of the defender (lawyer) in the criminal proceedings.

Thus, we considered the question of the procedural state of the defender in the criminal process relating to the definition of the concept of "defender", the ratio of this concept with the term "lawyer", also the powers of the defender in the criminal process, and the founding of its participation in the criminal proceedings.

The participation of the defender (lawyer) in criminal proceedings is an important guarantee of the protection of the rights and legitimate interests of the accused suspected.

Chapter II Participation of the Defender in the Criminal Procedure

Representation in criminal proceedings

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Representation in legal proceedings - This is a replacement in the process of one person to another (representative), in which the procedural activity of the representative creates the rights and obligations of the submitted person. However, due to the personal nature of criminal-procedural activities, the representative office in criminal proceedings usually does not exclude, but, on the contrary, it implies the simultaneous participation and representative and submitted - the victim, the civil plaintiff, the civilian defendant, etc. The exceptions are cases where the submitted is not physical, but legal entitywhich is entirely personified through its representative.

The representative office may be legal when the interests of the represented protects a certain person who is obliged to do this by the requirement of the law, and by agreement if the representative acts by virtue of the agreement.

Legal representation In the Russian criminal process, two varieties know:

The legal representation of the juvenile suspect, accused or victim by one of his parents, guardian, trustee or representatives of institutions and organizations, on the care of which is a minor;

Protecting the suspect or accused by a lawyer for the appointment of the investigator, investigator or court, or to represent the interests of a minor victim, under the age of 16, in respect of which a crime against its sexual integrity is committed (Part.2.1 of Art. 45).

Representation by agreement It has the following forms:

Representation of the interests of the principal - the victim, the private prosecutor, the civil plaintiff, a civil defendant - a lawyer either by another person, including a close relative, on the tolerance of which they petition; 3

Protecting the suspect or accused by a lawyer in agreement.

The ratio of the procedural position of the expert and specialist

Expert - A person with special knowledge and appointed by the investigator, investigator or judgment for the production of forensic examination and giving conclusion (Art. 57 of the Code of Criminal Procedure).

Specialist - This is a person with special knowledge attracted to participation in the case by Parties or the court for: a) assistance in finding, consolidating and seizing subjects and documents during any investigative actions; b) the use of technical means in the study of criminal materials; c) issues of the expert; d) clarification of issues included in his professional competence (Art. 58 of the Code of Criminal Procedure).

Unlike a specialist, the expert is involved in the process:

By making an appropriate procedural act: Resolution by the investigator, investigator, judge or court definition; With a warning of criminal liability for the gift of a deliberately false conclusion;

To fulfill independent expert research, that is, he holds them outside the framework of any procedural actions of the investigator, investigator and the court, while the specialist is always involved in certain investigative actions or makes a judgment on the basis of a necrossroperative study on the initiative of the party;

For the cottage of expert opinion - a special type of evidence on issues delivered by the body leading. The goals of participation in a specialist are wider. As a rule, he does not create independent evidence, and its conclusion is a written judgment on the issues of one party.

Witness and understand

Witness - This is a person who can know any circumstances that are important to investigate and permit a criminal case, and which is caused to testify the testimony (56 of the Code of Criminal Procedure). The sides of the charges and protection have a real opportunity at their discretion to call and interrogate all the witnesses they need.

Not subject to interrogation as witnesses: judges, jury meetings - about the circumstances of the criminal case, which they became known in connection with the participation in the production of this criminal case; The lawyer and the defender of the suspect, the accused - about the circumstances that he became known in connection with the participation in the criminal proceedings; lawyer - about the circumstances that became known for him in connection with the provision of legal aid; The clergyman - about the circumstances that became known to him from confession; Member of the Federation Council, deputy of the State Duma without their consent - about the circumstances that they became known in connection with their powers; An expert - about the information that became known to him in connection with the production of forensic examination, if they do not belong to the subject of this forensic examination.

The witness is entitled: to refuse to testify against himself, his spouse (his spouse) and other close relatives. With the consent of the witness, it is necessary to testify that it should be warned that its testimony can be used as evidence in a criminal case, including in the case of its subsequent refusal of these testimony; give testimony in the native language or language to which he owns; declare a translator; To declare petitions and bring complaints against actions (inaction) and the decisions of the investigator, the investigator, the prosecutor and the judges adopted during the pre-trial production; be for interrogation with a lawyer; Apply for the use of security measures, meets the protocol of investigative action and bring comments on it.

Witness is obliged to: be on the call, to give truthful testimony, not to disclose the data of the preliminary investigation into compliance with this subscription, comply with the order at the court session, represent samples for a comparative study, to be examined and examined (when they are needed to verify the accuracy of its testimony) .

Pony - This is not interested in the end of the criminal case a person attracted by the investigator, the investigator for certifying the fact of the production of investigative action, as well as the content, stroke and the results of the investigative action (Art. 60 of the Code of Criminal Procedure).

It can not be understood: a) minors; b) participants in criminal proceedings, their relatives; c) Employees of the executive authorities endowed with the authority to implement operational search activities and (or) of the preliminary investigation.

Understate the right: to participate in the investigative action and do about the investigative action of the statement and comments to be entered into the protocol; Get acquainted with the protocol of investigative action, in the production of which he participated; To bring complaints against actions (inaction) and the decision of the investigator, the investigator and the prosecutor, limiting his rights.

It is understood by the call on the call, not to disclose the data of the preliminary investigation in accordance with the sub-selected subscription.

Understands are attracted in an amount of at least two to participate in the search, the excavation of electronic media, a personal search, identification.

Public Defender in Criminal Procedure

The participation of understood is advisable in other investigative actions based on the method of observation. In a hard-to-reach area, in the absence of appropriate means of the message, as well as in the threat to the life and health of people, any investigative effect can be carried out without understandable (Art. 170 of the Code of Criminal Procedure).

Taps

Out - This is the removal from participating in the participants of the proceedings, in view of the circumstances that exclude such participation.

The norms of this institute are applied to those who are rightfully taken in the case of the decision, or promotes the implementation of justice, or is taken to protect the interests of the parties. Members are not subject to "indispensable" participants: suspect, accused, witness, victim, civil plaintiff and respondent.

To the reasons for the discharge include:

The need to participate in the case as a "indispensable" persons: the victim, suspected, civil plaintiff, the defendant, a witness.

Fulfillment earlier in this case of another procedural function;

Personal interest in the case (including related relations with the participants of the process), and for representatives of the parties - the provision of assistance or related relations with the person, whose interests contradict the interests of the rendered person.

For the judge and the jury, its prevailing awareness of the case.

The incompetence of the translator, specialist, expert.

The illegality of the composition of the court, the wrong appointment to the position of the prosecutor, the investigator, the investigator.

If there are grounds for the discharge, the process participants are obliged to declare a self-discharge, or the discovery is declared interested parties. The removal is resolved as a rule, by the body that manufactures the proceedings. The removal of the prosecutor is allowed to a higher prosecutor, the leader of the investigator is adopted by the head of the investigative body, and the investigator is a prosecutor.

2 Resolution of the Constitutional Court of the Russian Federation in the case on the verification of the constitutionality of the provisions of part of the first article 47 and part of the second article 51 of the Code of Criminal Procedure of the RSFSR in connection with the complaint of the citizen Maslov V.I, on June 27, 2000 // Russian newspaper. 4th of July. 2000.

3 The Constitutional Court of the Russian Federation recognizes the unconstitutional limit of the circle of representatives in Art. 45 Code of Criminal Procedure of the Russian Federation only by lawyers. See Definitions of the Constitutional Court of the Russian Federation of 05.12.2003 N 447-O; dated December 5, 2003 N 446-O.

Section I. General Part

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Defender of the accused (suspected) in criminal proceedings

The legitimate interests of the suspect and the accused represent their defenders whose participation in criminal proceedings is one of the criminal procedural guarantees to ensure their rights, freedoms and legitimate interests. In addition, in criminal cases of crimes committed by minors, their legal representatives are involved in the criminal case (Article 48 of the Criminal Code of the Russian Federation).

Participation in the criminal case of the defender or legal representative does not serve as a basis for limiting any right of the accused.

Defender (Art. 49 of the Code of Criminal Procedure) is a person in the manner established by this Code to protect the rights and interests of suspects and accused and providing them with legal assistance in criminal proceedings.

As defensives allow:

• · Lawyers;
• · One of the close relatives of the accused or other person, the admission of which the accused (by definition or court decree, along with a lawyer);
• · One of the close relatives of the accused or other person, the admission of which applying to the accused (by definition or judgment of the court, in the work of the magistrate, the said person is allowed instead of a lawyer).

The defender participates in a criminal case:

• 1. Since the decision to attract a person as an accused;
• 2. Since the initiation of a criminal case regarding a particular person;
• 3. Since the actual detention of a person suspected of committing a crime, in cases: a) provided for in Articles 91 and 92 of the Code of Criminal Procedure; b) applications to it in accordance with Article 100 of the Code of Criminal Procedure of the Russian Federation, measures of curbing in the form of detention;
• 4. Since the notice of a suspicion of the crime in the manner prescribed by Art. 223.1 Code of Criminal Procedure;
• 5. Since the announcement of the person suspected of committing a crime, decree on the appointment of forensic psychiatric examination;
• 6. Since the beginning of the implementation of other measures of procedural coercion or other procedural actions affecting the rights and freedoms of a person suspected of committing a crime;
• 7. Since the start of the implementation of procedural actions affecting the rights and freedoms of the person in respect of which the verification of the crime report is carried out in the manner prescribed by Art. 144 Code of Criminal Procedure.

The lawyer is allowed to participate in a criminal case as a defender upon presentation of a lawyer and order certificate.

In case the defender participates in criminal proceedings, in which the materials of which are contained by the information constituting state secretand has no appropriate tolerance to the specified information, it is obliged to give a subscription to their non-disclosure.

The same person can not be a defender of two suspects or accused, if the interests of one of them contradict the interests of another.

The lawyer is not entitled to refuse to protect the suspect accused.

As one of the additional guarantees, certain categories of suspects and the accused, the criminal procedural law provided for the obligatory participation of the defender (Article 51 of the Code of Criminal Procedure) in criminal cases in which:

• 1. The suspect, the accused did not refuse the defender in the manner established by Article 52 of the Code of Criminal Procedure;
• 2. The suspect, the accused is minor;
• 3. A suspect, accused of physical or mental deficiencies, cannot independently exercise its right to defense;
• 4. The trial is carried out in the manner prescribed by the Fifth of Article 247 of the Code of Criminal Procedure;
• 5. A suspect, the accused does not own the language in which the criminal proceedings are conducted;
• 6. A person is accused of committing a crime for which punishment may be appointed in the form of imprisonment for a period of over fifteen years, life imprisonment or death penalty;
• 7. The head business is subject to consideration by the court with the participation of jurors;
• 8. The accused said the petition for the consideration of the criminal case in the manner prescribed by Chapter 40 of the Code of Criminal Procedure (in a special order);
• 9. The suspect declared a petition for the criminal proceedings in an abbreviated form in the manner prescribed by Chapter 32.1 of the Code of Criminal Procedure of the Russian Federation.

According to Art. 50 Code of Criminal Procedure The defender is invited to participate in suspects, accused, their legal representatives, as well as other persons on behalf of or with the consent of these persons.

At the same time, several defenders can represent the interests of the suspect.

At the request of the suspect, the accused the participation of the defender is provided by the investigator, investigator or court.

In case the lawyer participates in the production of a preliminary investigation or trial to appoint the investigator, investigator or court, the costs of payment for his labor are compensated at the expense of the federal budget.

Advanced Defender B. criminal proceedings In accordance with the subsequent petition of the suspect, the accused does not entail the repetition of criminal procedural actions, which at this point have already been produced (Art. 52 of the Code of Criminal Procedure). Protector authority

In accordance with Art. 53 Code of Criminal Procedure Since the admission to participation in a criminal case, the defender has the right to:

• 1. Have a suspected, accused date;
• 2. Collect and submit the evidence necessary to provide legal aid;
• 3. Attract a specialist;
• 4. Tosted upon charge;
• 5. Participate in the interrogation of the suspect, accused, as well as in other investigative actions produced with the participation of the suspect, accused or by his petition or the petition of the defender itself;
• 6. To get acquainted with the Detention Protocol, a decree on the use of a preventive measure, the protocols of the investigative actions made with the participation of the suspect, accused, other documents, which were imposed or should be presented to the suspect, accused;
• 7. To get acquainted at the end of the preliminary investigation with all the materials of the criminal case, to write out of the criminal case any information in any amount, to shoot at its own account of the copies from the materials of the criminal case, including with the help of technical means;
• 8. Declare petitions and taps;
• 9. Participate in the court proceedings of the criminal case in the courts of the first, second, cassation and supervisory instance, as well as in the consideration of issues related to the execution of the sentence;
• 10. To bring complaints against actions (inaction) and the decisions of the investigator, investigator, the prosecutor, the court and participate in their consideration by the court;
• 11. Use other funds not prohibited by this Code and protection methods.

The defender participating in the production of investigative action, as part of the provision of legal assistance to his prostrate, is entitled to give him a brief consultation in the presence of the investigator, asking questions from the permission of the investigator. The investigator can take advocate questions, but it is obliged to put the issued questions in the protocol.

The defender is not entitled to disclose the preliminary investigation data, which became known to him in connection with the implementation of protection, if he was pre-warned in advance in the manner established by Article 161 of the Code of Criminal Procedure of the Russian Federation. For disclosing these preliminary investigation, the defender is responsible in accordance with Article 310 of the Criminal Code of the Russian Federation.