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Advocate - Defender of the suspect, accused, defendant

Advocate - Defender of the suspect, accused, defendant



The suspect - a person who is detained on suspicion of committing a crime or to which applied preventive measure (eg, house arrest with a place of permanent residence or temporary stay, without the permission of the inquest or the investigator) before any decision on raising him as a defendant.

The defendant - the person against whom there is sufficient evidence indicating the commission of the crime, and on this basis, the investigator issued a resolution to bring him as a defendant. After the trial of the accused is called defendant, after sentencing - convicted or acquitted.

The right of these persons to be protected includes both the right of the defender of the suspicion or accusation, and the right to protect their personal and property interests. Protection function occurs simultaneously with the function of prosecution and in parallel with it at all stages of the criminal case, while there is accusation.

The function of prosecution in criminal proceedings shall investigators, prosecutor, public prosecutor, as well as victims, civil plaintiffs and their representatives. This - the prosecution.

The function of protection from suspicion and accusations of a suspect, accused, defendant and convicted (for short we will talk mainly about the accused), carries them to counsel, public defender, as well as a civil defendant and his representative. This - the defense.

Since the prosecution and protection of each defended their position, their procedure of interest, the criminal process is the nature that provides a complete, thorough and objective investigation of all the circumstances of the case and it correctly, taking into account the legitimate interests of the parties, the decision. Adversarial and freedom in the provision of justice and their evidence to prove their credibility before the court is one of the basic principles of justice.

Providing a suspect, defendant, accused the right to protection is the law: gives them as agents of a set of procedural rights, which allowed them to personally defend himself from suspicion or accusation of a crime, uphold its laws and interests, gives these persons the right benefit from legal aid counsel, confers on a person to conduct the inquiry, the investigator, prosecutor, judge and court duty before the first questioning of a suspect, accused or defendant rozyasnyat them the right to counsel and to make this record, allow them to defend the law means a charge, protect their personal and property rights, as well as ensure the safety of the suspect, accused, lawyer , Legal representatives, family members and close relatives of these individuals.

The most effective way to ensure the suspect, defendant, accused of the right to protection and participation of counsel in criminal proceedings, because due to legal ignorance, as well as psychological distress, state of depression caused by the detention, prosecution and conviction, they themselves are capable to fully realize their procedural law, especially when in custody, ie isolation. For legal assistance, psychological support they need to turn to third parties independent of the investigating authorities, public prosecutors and judges, to whom they had full confidence in her and were able to consult and communicate on the principles of trust, confidentiality.

 

 
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