Sample petition for admission to a criminal case of a second defender who is not a lawyer

As Art. 48 of the Code of Civil Procedure of the Russian Federation, every citizen has the right to conduct his affairs in court either independently or through representatives. In this case, the representative can participate in the consideration of the case together with this citizen. The powers of the person who will represent the interests of the participant in court are formalized by an oral or written petition for the admission of a representative. Files in .DOC: Application form for admission of a representative Sample application for admission of a representative

Let's consider who can be involved in court cases and how to correctly draw up and submit or submit a petition.

Confirmation of the representative's authority

The powers of a lawyer participating in a case as a representative are usually confirmed by a warrant. But the powers of the warrant are limited, so a power of attorney is also often issued for the lawyer.

The powers of other persons are confirmed by a power of attorney. It is drawn up in writing. In addition, the authority of the representative can be confirmed orally, with this petition being recorded in the minutes of the court session. Or submit the proposed petition in writing and attach it to the case file.

The extent of the powers available to him depends on how the powers of the representative are formalized. A participant in a case can vest a representative with the widest range of powers by issuing an appropriate power of attorney. A power of attorney from citizens must be certified by a notary, or by an organization or person, a list of which is given in the article of the Civil Procedure Code of the Russian Federation.

The powers of the representative to sign a claim, submit an application to the court, abandon the claim, amend the claim, enter into a settlement agreement, appeal against court decisions and rulings, receive money or other property, in accordance with the article of the Civil Procedure Code of the Russian Federation, must be specifically stipulated in the power of attorney.

A written request for admission of a representative is also issued in the case where the applicant himself participates in the case simultaneously with the representative. In this case, the person participating in the case himself exercises all procedural rights, using the assistance of a representative for the purpose of providing consulting services. And without a participant in the case, the representative will not be allowed into the meeting.

There are no special requirements for filing an application for admission of a representative. But in order to avoid its misinterpretation, we recommend using the general rules for drawing up statements of claim in court.

Application for admission

__________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ __________________________________

Application for admission of a defense lawyer

I, _______________________________________, am a person against whom proceedings are being conducted for an administrative offense. In accordance with Part 1 of Art. 25.1 of the Code of Administrative Offenses of the Russian Federation, a person against whom proceedings are being conducted for an administrative offense has the right to use the legal assistance of a defense attorney. According to Part 2 of Art. 25.5 of the Code of Administrative Offenses of the Russian Federation, a lawyer or other person is allowed to participate in proceedings regarding an administrative offense as a defense attorney or representative. In accordance with Part 3 of Art. 25.5 of the Code of Administrative Offenses of the Russian Federation, the powers of a lawyer are certified by a warrant issued by the relevant legal entity. The powers of another person providing legal assistance are certified by a power of attorney issued in accordance with the law. In accordance with paragraph 1 of Art. 185 of the Civil Code of the Russian Federation, a power of attorney is a written authority issued by one person to another person for representation before third parties.

The Review of Legislation and Judicial Practice of the Supreme Court of the Russian Federation for the 4th quarter of 2008 (approved by decisions of the Presidium of the Supreme Court of the Russian Federation dated March 4 and March 25, 2009) states: “The norms of the Civil Code of the Russian Federation, which establish the procedure for issuing and registering a power of attorney, the period its actions, grounds and consequences of termination, do not contain any indication that the power of attorney for the right to participate in the consideration of a case, including an administrative offense, as a defense attorney requires mandatory notarization.” Further, in the Review of Legislation and Judicial Practice of the Supreme Court of the Russian Federation for the 4th quarter of 2008, it is said: “The question of whether the powers of a representative can be determined in an oral or written statement of the principal, stated in court, should be decided in relation to Part 6 of Art. 53 Code of Civil Procedure of the Russian Federation. Therefore, if a person brought to administrative responsibility makes an oral request or provides a written statement to invite a representative to participate in the case of an administrative offense, then such a representative must be allowed to participate in the case of an administrative offense.”

In accordance with the above and on the basis of Art. Art. 24.4, 25.1, 25.5 Code of Administrative Offenses of the Russian Federation

ASK:

Allow me to participate in an administrative offense case as my defense attorney _______________________________________________________________________

Signature _________________ (___________________)

Date ___.____________. 20__

Who can be a representative

According to Art. 49 of the Code of Civil Procedure of the Russian Federation, any legally capable persons whose powers are duly formalized can represent the interests of citizens in court. Representatives in court, as a rule, are relatives or friends of the participants in the case who are knowledgeable in matters of law. The powers of such representatives are expressed in a power of attorney certified by a notary or an organization from the list in Art. 53 Code of Civil Procedure of the Russian Federation.

Most often, representatives are lawyers; their participation is carried out on the basis of a warrant issued to them by the bar association. Therefore, in such a situation, controversial issues do not arise.

Attention! Prosecutors, judges and investigators by law cannot be representatives of citizens in court (Article 51 of the Code of Civil Procedure of the Russian Federation).

Instructions for drawing up a power of attorney for conducting business in court

QUESTIONS ARE NOT AT THE ADDRESS THIS IS AGAIN A GIFT OF THE PROSECUTOR'S OFFICE AND INVESTIGATIVE AUTHORITIES. The Constitution is the Basic Law of the Russian Federation. The Constitution has supreme legal force, direct effect and is applied throughout the country. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution. Article 19,21,23,24,25,49,51,52,53 of the Constitution of the Russian Federation. Article 152.1 of the Civil Code of the Russian Federation. Protection of a citizen’s image Article 137.138 of the Criminal Code of the Russian Federation establishes criminal liability for violation of privacy. 2021, the year of glasses, cones and rakes. The rich cry, but I don’t believe them. I’m not interested in clones and doubles created in the same places where forensic medical examiners and lawyers issue their reports (the lawyers had to have a meeting with me and get permission or a power of attorney to conduct the case, but they just pumped it into their pockets his accomplices)*. They were needed, as the State Duma deputy says, to replace the aircraft in the international arena for negotiations and to divert attention from the Internet, but by attracting attention to show projects. They can steal houses, cars, money, gifts, but have neither intelligence nor humor, and then the manipulators go to the taiga, and there the bear is the owner of the taiga, but the bear is no longer the same, he has become a scientist, and repeats only one thing, boo-boo-boo Russia winks and sends to Hawaii. Half a penny is the price for your parrots. Everything is vanity of vanities, political asylum will suit me, and you yourself will bring everything else on a platter or not, however, this is your business and your gift. I HAVE NOT TAKEN PART IN ANY EVENTS AND HAVE NOT GOED ANYWHERE AND HAVE NEVER BEEN ABROAD* IN THE NEAR ABROAD. I DO NOT CONCERN WITH THE ETHICS AND HUMILITY OF GOVERNMENT, BANKS, BUSINESS, TELEVISION, MEDIA AND ADVERTISING AGENCIES, THIS IS AGAIN YOUR GIFT. BUT IN OUR TIMES, HUMILITY IS WHEN YOU SELL THE COUNTRY AND RECEIVE AWARDS, TITLES, BUT THIS ACT MUST BE AGREED AT THE HIGHEST LEVEL SO THAT THE MONEY WILL BE IN SAFE POCKETS AND OFFSHORE. August 7 I am not a fan of House 2 and other nonsense. I haven’t signed any contracts or agreements with anyone and I don’t intend to sign them. And I don’t fall for Gazprom’s tricks like the online format. I’ve never done video communication before and I don’t intend to do so. I'm a fan of the old classic school and Nokia phones without internet as a phone, not as a pocket spy. And also the TV is always without the Internet. And I'm not interested in social networks. In their absence, you have collected a whole dossier on yourself as evidence. CALL TO THE EUROPEAN UNION OR THE HAGUE. IT IS POSSIBLE JUST FOR THE SAKE OF POLITICAL ASYLUM. GOOD LUCK LORD SNAKE CATCHERS. I WANTED YOU TO PULL THE IDIOTS INTO THE POOL AS DEEPLY POSSIBLE. IMITATION OF QUIETING, SILENCE, I WANTED TO MAKE YOU HAPPY WITH HIS DEATH. SO YOU CAN'T BLAME DRUGS, MUSHROOMS, WHEELS AND ALCOHOL YOU HAVE ALREADY WATCHED AND LISTENED TO EVERYTHING BEFORE AND AFTER FOR EXPERIMENTAL PURPOSES (boss, look at everything again very carefully, it's just nonsense, or you're not confident in yourself!)* . AND ALSO YAWNING, GESTURES, HOME READINGS, A TRIP TO THE USA*, SLEEP, A MINUTE OF SILENCE, GURCHENKO*, HAY EVA*, TAMAARKA, KATKIN MICROPHONE, THEATER IN THE MINISTRUT WITH VANYA AND A MUSIC LOVEN, WALKING THROUGH THE FENCE, WINKING AXINYA, CHICKEN THEATER AND THEATRICAL RAP. ANY THEATER WILL TELL YOU ABOUT THE TRANSFORMATION TECHNIQUE. YOU DIDN’T WANT TO GIVE ME THE GOLDEN MASK, THE SOLZHENITZIN PRIZE, SAKHAROV, WHAT COULD BE THE CLAIMS BOSS, SORRY I DID NOT MEET MY EXPECTATIONS!* AND I NOW HAVE TO DREAM ABOUT THE NOBEL PRIZE FOR PROSE, YOU AGAIN CONFIRMED THAT YOU GO OH, DREAMING CANNOT BE FORBIDDEN UNDER ANY STRUCTURE , AS WELL AS HOPE. Now that’s it, official format or go to hell, I’ll use up the Internet and Goodbye, I’ll connect only to pay utility bills, the boss is tired of the whirlpool of manda. one at a time, either on TV, on the Internet, or in street theater. I understand to divert attention from home-grown clowns.6 August 2022. a year of glasses, cones and rakes. THAT'S ALL, I'M NOT INTERESTED IN YOUR SLIDES, I'M INTERESTED IN HOME THEATRE. IF YOU HAVE ANY QUESTIONS ABOUT THE PUZZLES, I AM WAITING FOR AN INVITATION OR CALL TO THE EUROPEAN UNION OR THE HAGUE.
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Representatives of the victim

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Url Additional information:

— clause 7

Plenum No. 17 powers of the representative, by oral statement

- the victim’s request for admission of a representative can be submitted without submitting a written document; an oral statement is sufficient ( clause 7

Plenum No. 17).

DOWNLOAD simple form: You cannot download files from our server

To the investigator (judge)___________________________

Petition

victim for admission of a representative in a criminal case

I request permission to participate in a criminal case (including the stage of consideration of the case in the appellate and all subsequent instances) as a representative of the victim, in accordance with Article 45 of the Code of Criminal Procedure

.

The participation of the specified person as my representative is necessary for me to exercise my rights to defense.

Victim___________________

— Part 1 45 Code of Criminal Procedure

“
as a representative of the victim or civil plaintiff, one of the close relatives of the victim, civil plaintiff, or another person for whose admission the victim, civil plaintiff applies”
.

— Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 29, 2010 No. 17

“On the practice of application by courts of norms regulating the participation of the victim in criminal proceedings”

«7.
Within the meaning of Part 1 45 of the Code of Criminal Procedure, representatives of the victim, civil plaintiff and private prosecutor can be not only lawyers, but also other persons who, in the opinion of these participants in the proceedings, are capable of providing them with qualified legal assistance. The powers of such persons are confirmed by a power of attorney, duly executed, or by a statement by the victim, civil plaintiff, or private prosecutor in a court hearing
«.

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