Ensuring the suspect and accused rights to defense. The mechanism of action and the possibilities of its application

Ensuring the right of defense for the suspect and accused is laid down in the Constitution and laws, mainly in the Criminal Procedure Code. It can not be said that it is unlimited, but at the same time, its competent use can seriously help.

The principle of law, its peculiarity

According to the Constitution, everyone has the right to defend himself in all accessible and lawful ways, no one can limit a person in this. First of all, it is necessary to understand what the principles of law are. These are the ideas on which the law is built. People often try to interpret them and come to wrong conclusions.

The principle is enforced primarily by law, a certain role is played by the Constitutional Court and the Armed Forces of the Russian Federation, which provide explanations on certain issues or cases. They are often changed or supplemented, although the law remains at times unchanged.

The principle of providing the suspect, the accused with the right to defense is primarily the idea of access to qualified legal assistance. It is the duty of lawyers who are supposed to have the appropriate level of knowledge and practice.

What is the right to protection

The right to defense is a set of tools and mechanisms that enable you to protect yourself from prosecution. Of the mechanisms, you can point to the bar, a system of free assistance to the public in criminal cases.

To some extent, the system of prosecutorial oversight and judicial control.

Providing the suspect and accused with the right to defense includes:

• Giving explanations or statements or, conversely, refusing them;
• Filing motions (for example, please make a request, assign an expert examination);
• Complaints against police officers to the prosecutor's office, court, other law enforcement agencies;
• Taking part in investigative actions, in a court session.

Mechanism of action

According to the law, any restriction of the rights of a citizen entails the automatic appearance of the right to claim a defender. Most often it concerns the detention of a person. Law enforcers often try to ignore this rule, in order to frighten a person to say too much. The words spoken under psychological pressure at the first interrogation, then have a serious role.

Therefore, immediately after learning about your detention, declare about the desire to get the help of a lawyer. Ensuring the suspect, the accused, the right to defense Operates in two versions:

• Is given the right to get through to his lawyer;
• The lawyer is provided at the expense of the budget.

The second option applies to all without exception. Moreover, in a number of cases, for example, if a case is being made with regard to a mentally ill person, a minor, the defender must be present. Any action by the investigator or the investigator in the event of non-compliance with this rule is considered illegal.

Explanation of rights

Restriction of human rights and freedoms is strictly regulated. First of all, a protocol is being written, police officers or the FSB are obliged to tell something. In particular, they provide the suspect and accused with the right to defense, the CCP RF says so. Participation of a lawyer is considered mandatory in a number of situations, one of which is the absence of a waiver of legal assistance, i.e. While the citizen does not give a corresponding written statement. In court, the refusal is fixed in the minutes of the meeting. It is always worth insisting on the invitation of a lawyer, as soon as they talk about detention. Perhaps, after an urgent request to invite a lawyer, a person will be released.

Understanding that a person knows his rights makes law enforcement officers act more circumspectly.

Explanation of rights during interrogation, during investigation or during the inquiry period is recorded in a separate protocol.

Who has the right to be an advocate

Providing the suspect, accused, defendant with the right to defense Is carried out through a lawyer. It operates either by contract or on the basis of an order. It is issued by the association of lawyers to one of them who is engaged in free affairs or for the intended purpose. Together with a lawyer, a close relative or other person may act as a defender at the request of the accused. If a lawyer refuses or replaces a lawyer, the second defender - not a lawyer - loses his powers.

If the case is subsequently considered by a justice of the peace, it is permissible to involve any person at the request of the accused, the lawyer is not obligatory. The maximum sentence in such cases is 3 years in prison.

Role of the court

Providing the suspect, accused, defendant with the right to defense is most important for the court.

The judge checks the legality of the actions of the investigator, investigator, prosecutor.

It turns out whether the person had the opportunity to obtain an attorney, get acquainted with the case materials. In case of insufficient time, the court may be postponed. Some judges ignore these points, so it is worth sending written petitions.

In practice, it happens that the defendants are not informed about the time of the trial, there is no receipt that they were informed of the time of the trial, then the meeting must be postponed. Now a videoconference system is being implemented in the courts. People take part in the process without leaving home or being in prison.

The judge finds out the reasons for the absence of a lawyer, whether it is compelled, whether the person understands that the state, if necessary, will provide it with a lawyer.

Are there any circumstances showing the impossibility of the lawyer to carry out the assigned tasks in accordance with the law (the protection of two defendants whose interests differ, his behavior clearly violates the rights of the defendant).

Providing the suspect and accused with the right to defense as a principle obliges the court to check whether all conditions have been created for the use of the defendant's rights or not.