Advocate in investigative action with suspect, accused

Advocate In Investigative Action With Suspect, Accused What are the rights of the defender if he participates in the investigation? What is the benefit of having the defense counsel in the investigation? What consequences can there be for the presence of a lawyer during interrogation?

When communicating with the investigator, the suspect (accused) has the right to file a petition (an oral petition is to be entered on the record) that he needs the help of a lawyer invited by him or in replacement of a lawyer. This statement can be made at any stage of the investigation and during any investigative action.

It should also be noted that the investigator can prevent you from getting legal assistance from the Defence Lawyer you invited, arguing that there is no information in the criminal file about the legal assistance agreement with the lawyer. It is a lawyer's warrant, which he gives the investigator to confirm his powers. However, if your lawyer has not yet had time to meet with the investigator and provide him with an order, it does not matter. In this case, an entry is made on the record of the investigative action about who is your defender and that you are ready to give evidence in his presence.

To participate in the criminal case, the Defence Lawyer provides the investigator with a warrant and warrant. Previously, an agreement with a lawyer can be made orally, but to provide a lawyer with an order in the materials of the criminal case, it is necessary to conclude a written agreement with him.

The Criminal Procedure Law provides for the right of an advocate to participate in the interrogation of a suspect, a defendant, as well as in other investigative actions. The meaning of such participation is the defender in ensuring the completeness and comprehensiveness of the investigative action produced in terms of protection. Involvement of the defender in the investigative actions of the suspect, the accused can consist in the following: a) In obtaining and fixing the protective information; b) In the control over the conduct of investigative actions intending to avoiding simplification, the interrogation to the consolidation of a previously given recognition; c) In preventing violations of the rights of the suspect, the accused in the conduct of investigative actions; d) In monitoring the correctness and completeness of recording the results of investigative actions in the protocols.

The defender at all stages of investigative actions uses his tactics. Thus the lawyer can use such methods of practical activity as observation, revealing of contradictions, comparison, abstraction, description, and experiment, analysis of norms of the law and their interpretation and others. On the concept and methods of tactics of the Legal Defense of a Lawyer, you can read a separate article “On the tactics of protection.�

Having testified in the presence of a lawyer, a suspect or a defendant will not be able to refuse them in the future, or even if later they refuse to testify as defendants, the investigative actions conducted in the presence of the defense attorney will still be recognized by the court as evidence.