Criminal lawyer: what he does and when you need him

Home Press Center Criminal lawyer: what he does and when you need him

Operatives and investigators are uncomfortable working with a lawyer who actually helps his client, and does not imitate the defense or “play along” with law enforcement officers. Therefore, they try to convince the person who comes to them that nothing depends on the lawyer in a criminal case, dissuade him from entering into an agreement with the lawyer (“why do you need to pay him money?”) and even promise to appoint a defense attorney “at the expense of the state,” who “does nothing.” no worse." Unfortunately, many suspects and accused believe all this at first and then regret it. To decide whether you need a criminal lawyer or not, you need to understand what he does and when his help may be needed.

What is the job of a criminal defense lawyer?

First of all, let's figure out what a lawyer does in defense of a criminal case:

analyzes case materials, legislation, judicial practice and explains to the defendant the possible consequences and risks of various actions;
taking into account specific circumstances and evidence, develops a defense strategy: acquittal, termination of the criminal case, changing the charge to a more lenient one, reducing the punishment, etc.;
collects information in favor of the client, including sending attorney requests, obtaining expert opinions, looking for possible defense witnesses, etc.;
draws up petitions and complaints;
if the client is in custody, he visits him in the pre-trial detention center (SIZO), monitors the absence of torture and other pressure;
assists the client during investigative actions and in court;
if there is such a task, it prepares a criminal case for subsequent consideration of the complaint in the European Court of Human Rights.

The actions of a lawyer in a particular case depend, firstly, on how ready the client is to fight for his fate, secondly, on the professionalism of the defense lawyer, thirdly, on what kind of criminal case it is (bribery or murder, on drugs or robbery, etc.), fourthly, on what the situation is in the case, what and how the investigator does (for example, sometimes it is important to remain silent about a discovered procedural error in order to use it in the future).

In short, a good lawyer knows what needs to be done, how it needs to be done, when it needs to be done and what result can be obtained. It is this knowledge that distinguishes a professional from a person who is trying to defend himself - “with the help of the Internet,” “friends from the pre-trial detention center,” etc. - and as a result, he randomly and chaotically “presses all the buttons at once,” sometimes obtaining a result that further worsens his situation.

You can read about some signs that allow you to decide on the choice of a lawyer at the very beginning here.

In addition, the work of a defense lawyer depends on what stage the criminal case is at.

Entry of a lawyer into criminal proceedings

At the trial stage, the participation of a criminal lawyer also plays an important role. Only the court has the right to establish guilt of the crime charged to the accused person. As well as punishment for the crime committed. The admission of a lawyer to criminal proceedings is regulated by Part 2 of Art. 48 of the Constitution of the Russian Federation and Part 3 of Art. 49 of the Criminal Procedure Code of the Russian Federation. The immediate “entry” of a lawyer into criminal proceedings is determined by the moment his client acquires a certain procedural status. Thus, a lawyer participates as a defense attorney in criminal proceedings:

from the moment law enforcement agencies make a decision to charge a person as an accused;
from the moment of initiation of a criminal case;
from the moment of actual detention of a person suspected of committing a crime, in cases provided for in Articles 91 and 92 of the Code of Criminal Procedure of the Russian Federation;
from the moment the preventive measures established by Art. 100 of the Code of Criminal Procedure of the Russian Federation (i.e. detention);
from the moment of delivery of a notification of suspicion of committing a crime in the manner established by Article 223.1 of the Code of Criminal Procedure of the Russian Federation;
from the moment the person suspected of committing a crime is announced a decision to order a forensic psychiatric examination;
from the moment of the commencement of other procedural actions affecting the rights and freedoms of a person suspected of committing a crime (Article 49 of the Code of Criminal Procedure of the Russian Federation).

Citizens often wonder at what stage it is necessary to engage a lawyer in a criminal case or criminal process? As a rule, contacting a lawyer is necessary immediately as soon as a citizen has a problem with the law.

In conclusion of the topic under consideration, I would like to note once again that the role of a lawyer in criminal proceedings, first of all, is to identify circumstances that justify the accused or mitigate his criminal liability.

Work of a lawyer during a pre-investigation check

The criminal case goes through several stages. The first is a pre-investigation check. Based on its results, a decision is made whether to initiate a criminal case or not. In many ways, the prospects of the business are determined at this stage.

This is where those who go to the operatives “just to talk” make a big mistake, bring them documents or even write a confession. This mistake is not using the help of a lawyer you trust. In practice, there are many cases where the participation of a lawyer in a pre-investigation investigation saved a person from negative consequences and, on the contrary, arrogance (“I have nothing to hide, I will tell everything as it is”) and the desire to save on legal assistance led to a serious deterioration of an initially favorable situation. Understand a simple thing: a good lawyer is your legal security. And sometimes also physical (but more on that later).

A common technique used by law enforcement officials is to first get an explanation without a lawyer, then interrogate the person as a witness (again without a lawyer), and only then, when everything is recorded in the protocols as they need, transfer the witness to the status of a suspect or accused, who is entitled to a lawyer .

Remember: by agreement, a lawyer has the right to participate at any stage of the process, regardless of your legal status (detainee, interrogated, witness, victim, suspect, accused, convicted) and regardless of the desire/unwillingness of the operative, investigator or judge. Therefore, the sooner you have a good lawyer in your case, the better.

General recommendations on how to behave if you are called to the police or detained can be read here.

Work of a lawyer during the preliminary investigation

If a criminal case has been initiated, the next stage is a preliminary investigation. At this stage, the investigator interrogates witnesses, conducts examinations, seizures, searches, identifications, and inspections. Based on the results of the preliminary investigation, the investigator decides whether to send the case to the prosecutor and then to the court or not.

At this stage, there are several directions in the lawyer’s work.

Firstly, it is assistance to the client during investigative actions, which are carried out on the initiative of the investigator himself. For example, before interrogation, the lawyer explains to the client whether it is advisable to testify, to what extent, or whether it is better to exercise his right not to testify. During interrogation, the lawyer has the right to ask questions to the client, briefly advise him, and protect him from the use of torture or other pressure. Afterwards, the defense attorney checks the interrogation protocol, makes comments on it, if the protocol says something that the person did not say, or it is written in the wrong way.

Secondly, the lawyer has the right to file petitions to carry out investigative actions at the initiative of the defense, to include in the case materials documents in favor of the client obtained by the lawyer himself. This is done so that the case is formed taking into account the position of the defendant, and not just as the investigator needs.

Thirdly, the lawyer records the violations committed against the client. These may be violations that affect evidence (for example, incorrectly selected extras during identification), health status (for example, torture, failure to provide necessary medical care in a pre-trial detention center) and, in general, the legal status of the defendant (for example, being kept in a cage in a courtroom ). Some violations should be responded to immediately, others are useful to simply record, but file the necessary petition or complaint later, and others should be saved for the court.

Fourthly, when the client is in a pre-trial detention center, it is necessary to monitor whether torture is being applied to him, whether his operational employees are trying to persuade him to take on “extra” episodes, or whether his conditions of detention are being deliberately worsened. In addition, it is important to simply maintain contact with the person in custody under stress, so that he receives not only legal, but also moral support.

Important! The investigator has the right not to allow relatives to meet with the person in custody. This is often used to get the accused to confess in exchange for a meeting. At the same time, the investigator cannot limit the lawyer in meetings with the client. When the accused does not admit guilt and is ready to actively defend himself against the accusation, and the investigator “blackmails” him with a meeting, the lawyer becomes virtually the only one who can visit the person in the pre-trial detention center, help and support.

The results of the lawyer’s work during the preliminary investigation may be reclassification of the charge to a more lenient one, exclusion of evidence, termination of the criminal case by the investigator or the creation of the basis for further termination of the case in court, preparation of the case favorable for the client for consideration by his court (including a jury trial or the European Court of Justice). human rights).

The role of a lawyer in criminal proceedings

The main legal basis for the participation of a lawyer in criminal proceedings is the constitutional principles of criminal proceedings. Earlier, I already talked in my article: “Defense in criminal proceedings” about the need for the participation of a lawyer in criminal proceedings. Article 51 of the Code of Criminal Procedure of the Russian Federation lists cases when the participation of a lawyer as a defense attorney in criminal proceedings is not only possible, but mandatory, regardless of the will of the suspected (accused) person. This obligation arises in the following cases:

if the suspect (accused) has not refused a defense lawyer in the manner prescribed by Article 52 of the Code of Criminal Procedure of the Russian Federation;
if the suspect (accused) is a minor;
if the suspect (accused) cannot independently defend his rights (here we are talking about the physical or mental disabilities of this person);
the trial is carried out in the manner prescribed by Part 5. Article 247 of the Code of Criminal Procedure of the Russian Federation (trials in grave and especially grave cases in the absence of the defendant located outside the Russian Federation);
if the suspect (accused) does not speak the language in which the criminal proceedings are being conducted;
if the person is charged with a crime for which punishment is provided in the form of imprisonment for a term of over 15 years, or life imprisonment;
if the criminal case is subject to trial by a jury;
if the accused person has filed a petition to consider the criminal case in a special proceeding (Chapter 40 of the Code of Criminal Procedure of the Russian Federation).

The participation of a criminal lawyer at the stage of preliminary investigation of a criminal case also has a very important role, since the results of investigative actions at this stage of the criminal process can later be used as evidence. Investigators, when interrogating these individuals, often try to extract confessions from them. Of course, under pressure from law enforcement agencies, any person can become confused, and without the timely, competent assistance of a lawyer specializing in criminal cases, a person can worsen his situation. Therefore, based on my own many years of practice, I recommend contacting a qualified lawyer, even if you are interrogated as a witness in a criminal case.

Rights and responsibilities of a lawyer in criminal proceedings

A lawyer is called upon to provide protection to citizens not only during the preliminary investigation, but also in criminal proceedings (i.e. in court). A lawyer is obliged to advise persons who turn to him for legal assistance. Like any participant in legal relations, when performing his duties, a lawyer is endowed with certain rights, in particular:

request from legal entities and authorities documents necessary to perform their functions;
interview persons who have any information on the case, with their consent;
collect the evidence base of his chosen line of defense of the principal’s rights;
meet with your client freely, without limiting the number of dates;
involve an expert, specialist or translator;
carefully study the case materials, take photos and video recordings of materials, maintaining confidentiality;
perform other actions that do not contradict the legislation of the Russian Federation.

A lawyer must provide qualified legal assistance to citizens. This is the main essence of his profession. However, in addition to rights, the law also imposes certain responsibilities on a lawyer. They are provided for by the Federal Law of May 31, 2002. No. 63-FZ “On advocacy and advocacy in the Russian Federation.” Thus, when acting in criminal proceedings in the interests of his client, whether in court or at the preliminary investigation stage, a lawyer has the following responsibilities:

conscientiously protect the rights and interests of your principal, by all means not prohibited by law;
assist the client at the stage of preliminary investigation, as well as in court;

provide free legal assistance in accordance with Art. 51 Code of Criminal Procedure of the Russian Federation;
comply with the code of professional legal ethics;
maintain confidentiality, that is, not disclose information that became known to him in the course of working with a citizen;
respect the interests of the principal.

A government-appointed lawyer has similar rights and responsibilities as a private lawyer. They are also provided for by the Federal Law of May 31, 2002. No. 63-FZ “On advocacy and advocacy in the Russian Federation.”

Lawyer's work in court

If the investigator transferred the case to the prosecutor and then to the court, the lawyer’s work depends on what strategy was chosen by the client.

If an active defense strategy is chosen in the case, criticizing the evidence and challenging the charges in whole or in part, the lawyer’s job is to interrogate witnesses, victims, and defendants in court; examine other evidence; submit petitions to the court (about the inadmissibility of evidence, to call a witness for questioning, etc.); object to the prosecutor’s requests that may harm the client; speak in debates and analyze in detail the evidence and legal position of the prosecution.

If the conditions established by law for termination of the case in connection with the reconciliation of the parties, with active repentance or with the imposition of a judicial fine are met in the case, and the defendant wants to obtain such a result, it is necessary to correctly draw up a petition for this, as well as convince the court of the advisability of terminating the criminal case.

Courts do not always dismiss criminal cases, since this is their right, not their obligation. For example, courts refuse to dismiss some criminal cases, citing the fact that the crime that the accused is charged with is “double-objective” and therefore cannot be dismissed. However, Russian legislation does not contain either the concept of “double-objective crimes” or restrictions on the termination of criminal cases for certain crimes. In addition, the size of the court fine is also important. A lawyer can tell you what measures to take to get the smallest fine possible or even pay it in installments.

If the defendant has chosen to consider the case in a special manner, it is necessary to collect and provide the court with as much information as possible about mitigating circumstances in order to mitigate the possible punishment as much as possible.

You can read about what a special order is, what its consequences are, and whether it is worth choosing it here and here.

The result of a lawyer’s work in a criminal case in court can be an acquittal in full or in part, reclassification of the charge to a more lenient one, mitigation of punishment, preparation of the case for further appeal, including filing a complaint with the ECHR.

Participation of a defense lawyer in the preliminary investigation and inquiry

The general principles of defense in a criminal case are the fullest use by the lawyer of all means of procedural activity provided by criminal procedure legislation.

Powers of a lawyer

The powers of the defender are regulated by Art. 53 of the Code of Criminal Procedure of the Russian Federation. From the moment of admission to participate in a criminal case, the defense attorney has the right:

- have meetings with the suspect or accused. Meetings must take place privately and confidentially, including before the first interrogation of the accused, without limiting their number and duration;

— collect and present evidence necessary to provide legal assistance. The defender has the right to collect evidence by: 1) obtaining objects, documents and other information; 2) interviewing persons with their consent; 3) requesting certificates, characteristics, and other documents from state authorities, local governments, public associations and organizations that are obliged to provide the requested documents or copies thereof;

- attract a specialist;

- be present at the arraignment;

- participate in the interrogation of the suspect, accused, as well as in other investigative actions carried out with the participation of the suspect, accused or at his request or at the request of the defense attorney;

- get acquainted with the arrest report, the decision on the application of a preventive measure, protocols of investigative actions carried out with the participation of the suspect, accused, other documents that were presented or should have been presented to the suspect, accused;

- at the end of the preliminary investigation, familiarize yourself with all the materials of the criminal case, copy out any information in any volume from the criminal case, make copies at your own expense from the materials of the criminal case, including using technical means;

— file petitions and challenges;

- participate in the trial of a criminal case in the courts of the first, second and supervisory instances, as well as in the consideration of issues related to the execution of the sentence;

- bring complaints against the actions (inaction) and decisions of the inquirer, investigator, prosecutor, court and participate in their consideration by the court;

- use other means and methods of defense not prohibited by the Code of Criminal Procedure of the Russian Federation.

A defense attorney participating in an investigative action, as part of providing legal assistance to his client, has the right to give him brief consultations in the presence of an investigator, ask questions to the interrogated persons with the permission of the investigator, and make written comments regarding the correctness and completeness of the entries in the protocol of this investigative action. The investigator may dismiss the defense lawyer's questions, but is obliged to enter the dismissed questions into the protocol.

Defense tactics of a lawyer in a criminal case

In the process of working on a criminal case, a lawyer must act tactically correctly. To do this, from the entire mass of factual and legal material on the case, it is necessary to highlight the tactical key points and build further participation in the criminal process in accordance with them. The process of a lawyer’s work, taking into account the support points, includes several successive stages.

1. The lawyer needs to study the case materials in order to navigate what is happening. A high-quality defense of an accused in a criminal case is impossible without knowledge of the prosecution’s tactics, as well as the defense tactics of other defendants in the case, without familiarization with the evidence available in the case.

However, the lawyer usually gets the general picture at the end of the preliminary investigation, when he has the opportunity to familiarize himself with all the materials of the case, drawn up in the final form, in which they will go to court and will be examined in the judicial investigation.

Sometimes a lawyer has the opportunity to obtain information about the incriminated act before the end of the preliminary investigation. The sources of this information are usually:

— explanations of the defendant regarding the criminal offense charged by the preliminary investigation authorities;

— explanations of the person conducting the preliminary investigation or inquiry;

copies of protocols of investigative actions carried out with the participation of the client;

- explanations of witnesses and victims in a criminal case, selected by the lawyer independently with their consent;

- copies of the decisions and rulings handed over to him by the preliminary investigation authorities;

— explanations of other persons accused in the same criminal case;

— explanations from defense lawyers of other defendants in the same criminal case.

Collecting information from the listed sources can give the lawyer an idea of the emerging picture in the criminal case. However, each source of information very rarely provides completely reliable information, so the lawyer’s overall picture of the case is distorted to a certain extent. The reasons for distorting information are different. Defendants explaining the circumstances of the case to the lawyer, as well as telling the essence of the testimony they previously gave, are often confused in them due to the fact that at the time of the commission of the crime they were intoxicated or illegal methods of influence were used against them by operatives of law enforcement agencies at the time of receiving initial confessions. In addition, it is necessary to understand that even reading the text of a protocol drawn up or a decision being served is not an easy task for some accused due to their low literacy, especially since a significant part of those brought to criminal liability suffer from various mental disorders. Many accused, when giving evidence and signing investigative reports, do not fully understand the contents of the documents drawn up by officials. Therefore, the information received by the lawyer from the client needs to be cross-checked from other sources.

When receiving information from officials representing the prosecution, it is necessary to take into account that they are procedural opponents of the lawyer, and the information coming from them may be deliberately distorted, or some of the information may be hidden. It is also necessary to be wary of information received from other defendants or their defense attorneys, especially since the exchange of information on a criminal case between lawyers is permissible only with the permission of their clients, which cannot always be obtained.

Witnesses and victims in a criminal case distort information for both of these reasons, that is, due to low legal literacy and due to a hostile attitude towards the lawyer as a person defending an unworthy member of society, moreover, who has offended the victim.

To eliminate the distortion of the overall picture in a criminal case, it is advisable for a lawyer to recommend that his client use the right granted to him by Art. 51 of the Constitution of the Russian Federation, that is, not to testify in a case against oneself. It is never too late to give testimony in a criminal case during the judicial investigation, but then this testimony will already be verified with other evidence collected by the prosecution in the case, which will eliminate unnecessary contradictions in the evidence base of the defense. Giving statements in a hurry may result in them having to be changed later under pressure from the totality of the incriminating evidence collected.

Every change in the defendant’s testimony in the case is regarded by the court as an attempt to evade criminal liability, that is, it indirectly speaks of the defendant’s guilt. This approach is objective: if a person speaks the truth, then it cannot be expressed with significant contradictions. Therefore, a lawyer should allow changes in the testimony of his client only in the most extreme cases. It is better not to give any testimony at the beginning of a criminal trial, and at the end to give coherent and consistent testimony, than to change testimony during pre-trial and trial proceedings. However, the right to refuse to testify cannot be abused either. Testimony that cannot conflict with other evidence in the case may be given immediately. Moreover, if this evidence indicates the innocence of the defendant. Such testimony must first of all include information about the defendant’s alibi. If the case involves several defendants whose interests are contradictory, especially if the defendant himself is confused for some reason in explaining what happened, testifying is contraindicated.

2. After receiving information that can be assessed by the lawyer as sufficiently reliable, it is necessary to identify the main points of reference for the alleged episodes of criminal activity. To do this, the charged act must be broken down into separate elements that carry an independent meaning in the criminal process.

As supporting points, you should choose only those procedural contradictions, one of the solutions to which leads to a change in the qualification of the offense. For example, the value of stolen property is on the threshold that determines large and especially large size, that is, it affects qualifications. In this case, you can fight to reduce the value of the stolen property, for example, by conducting a commodity examination, which will show a real decrease in the value of a specific product, or by applying depreciation rates to the stolen property if it is on the balance sheet of a legal entity whose fixed assets are subject to depreciation. You can apply for a certificate from the statistical authorities about the average market value of similar property if its value is unreasonably inflated by the victim. Reduction as a result of such procedural actions of the value of stolen property to less than 250,000 rubles. may change the qualification from the third to the second part of Art. 158 of the Criminal Code of the Russian Federation (theft), with a corresponding reduction in the maximum penalty from 6 to 5 years.

The tactics of defense in a criminal case based on strong points are designed to save the procedural forces of the parties, and also aim to help the lawyer see and understand the real prospects of the case. If a lawyer defends a person accused of committing a criminal act haphazardly, he either does not see any defense options at all, since the entire array of procedural information is almost impossible to perceive at the same time, due to which he is inactive and misses tactical and strategic opportunities, or begins to fight for each major, medium and minor procedural position. Such protection is good if the sole purpose is to delay the preliminary or judicial investigation.

If the goal of defense is more serious, then it can hardly be achieved by fighting on all positions at once. In such a struggle, the forest is not visible for the trees. By appealing against everything and insisting on all points of a chaotically constructed version of the defense, the lawyer risks achieving the only internal conviction of the court that the client is trying to avoid criminal liability by all possible means. It is necessary to select the main, most promising and significant options for the development of the procedural situation for the defense, which can be justified by existing or promising relevant and admissible evidence. Breaking through the prosecution line on one of the leading points that are important for the qualification of the charged criminal act can reduce the amount of punishment or completely decriminalize the act of the defendant.

As confirmation of what has been said, one can cite a technique widely used by experienced lawyers, the essence of which is that when familiarizing yourself with case materials on property crimes, mainly robberies, it becomes clear whether the victim and the accused previously knew each other and whether the accused had any the victim of material claims. If debt obligations are proven, then robbery will be reclassified as arbitrariness, the sanction for which is much lower, and in cases involving minors, in some cases, criminal prosecution is terminated due to not reaching the age of criminal responsibility, since criminal liability for arbitrariness comes only from the age of 16, whereas for robbery - from a 14-year-old. Another confirmation of the procedural tactical victory is a competent analysis of the fact of the alleged penetration into the victim’s home. If the victim first invited a person into the premises, and then was robbed by him, the penetration is considered legal, and paragraph “a” of Part 2 of Art. 161 of the Criminal Code of the Russian Federation cannot be imputed, which, in the absence of other qualifying criteria, does not allow the defendant to be brought to criminal liability under Part 2 of Art. 161 of the Criminal Code of the Russian Federation.

Lawyer investigation

Such an action as “interviewing persons with their consent” in paragraph 2 of Part 3 of Art. 86 of the Code of Criminal Procedure of the Russian Federation is called a means of collecting criminal procedural evidence. Although the right in question is provided for by the criminal procedure law, it is not properly ensured by the legislator. The legislator clearly limited the circle of subjects for collecting evidence (Article 74, Part 1 of Article 86 of the Code of Criminal Procedure of the Russian Federation). The lawyer is deprived of the procedural opportunity to question defense witnesses and present their testimony to the court.

Professor P.A. Lupinskaya wrote that “documents, objects, information obtained as a result of questioning by the defense counsel do not meet such a mandatory property of evidence as admissibility, since they were not received and not secured in a procedural manner and in a procedural form.”

This position is a product of the weakness of the formulations of the Code of Criminal Procedure of the Russian Federation.

In clause 2, part 3, art. 86 of the Code of Criminal Procedure of the Russian Federation refers to the questioning by the defense attorney not of a witness, but of a “person”. The defense attorney “when interviewing a person (not having the authority to carry out investigative actions) does not have the right to warn the interviewee about criminal liability under Art. 307-308 of the Criminal Code of the Russian Federation, explain to the latter the content of these criminal law norms, since the person being questioned by the defense attorney does not give evidence as such, but only reports certain information.”

Information collected by the defense attorney as a result of interviewing a person with his consent is other evidence in the case.

Types of legal investigation acts:

- petition (Articles 119, 120 of the Code of Criminal Procedure of the Russian Federation);

— complaint (Article 123 of the Code of Criminal Procedure of the Russian Federation);

— explanation of the person interviewed by the lawyer with his consent (clause 2, part 3, article 86 of the Code of Criminal Procedure of the Russian Federation);

— expert opinion (when ordering an examination before initiating a criminal case);

- lawyer's request;

— response to a lawyer’s request.

The form of acts of lawyer's investigation is written.

The structure of acts of legal investigation in most cases assumes the presence of three parts:

- descriptive;

- motivational;

- pleading.

The content of the acts of the lawyer's investigation includes evidentiary information on the case that exonerates the client or mitigates his responsibility.

The significance of acts of lawyer's investigation lies in the fact that they can be attached to the materials of a criminal case and form the basis of a verdict (not acquittal or less severe in relation to the verdict that would have been passed on the basis of only the evidence of the prosecution).

Preliminary conversation with the client

When a lawyer enters a criminal case at any stage of the process, his first action is to organize a preliminary conversation with his client (coordination of positions, lines of defense). Ignoring the significance of the preliminary conversation with the client, or conducting it in a crumpled, short manner can have a sharply negative impact on the result of the entire work of the defense attorney.

A preliminary conversation with the client implies:

— clarification from the defendant of circumstances that are not reflected in the collected materials of the criminal case;

— agreement on the position on the case;

— preparing the client to testify;

— explaining to the client his rights and obligations.

During the preliminary conversation with the client, it is especially necessary to stipulate the form of his behavior in the court hearing, since often persons brought to criminal liability behave not only inappropriately, but also offensively towards other participants in the process, mainly towards victims and witnesses.

Familiarization with the case materials

In the process of familiarizing yourself with the materials of the criminal case, it is necessary to compare the dates and times of all procedural actions. To do this, it is recommended to note in your diary as you study each protocol the time and date of its compilation. If the time of drawing up several protocols coincides, or there is no time interval between the drawing up of several protocols, and the places where they were compiled are different, then this indicates their illegality.

If a lawyer has discovered procedural defects reflected in the protocols of investigative actions, then one should not immediately file a petition to eliminate them, since these protocols can be rewritten by the investigator without violations. It is not the investigator who needs to point out violations of the law committed during the preliminary investigation, but directly to the court at the preliminary court hearing or during the judicial investigation, when the investigator no longer has access to the materials of the criminal case.

Another point that a lawyer needs to pay special attention to at this stage of the criminal process is the participation of witnesses during investigative actions. The details of all witnesses must be written down and after the criminal case is sent to court, you must talk to them. There are often cases when witnesses not only did not participate in investigative actions, but were also in another locality (on a business trip or on vacation).

It is also undesirable to neglect interviewing witnesses because, with some exceptions, they are persons disinterested in the results of the investigation in a criminal case, and if the lawyer manages to find psychological contact with the witness, it is possible to obtain an additional witness for the defense. Witnesses often explain that the police officer simply told them where to sign.

Work of a lawyer after the trial court

After a criminal case has been considered in the court of first instance, the assistance of a lawyer may be required when appealing a sentence, filing complaints to the ECHR, as well as when resolving issues related to the execution of a sentence (parole, commuting a sentence to a more lenient type of punishment, installment plan and deferment of punishment, etc.).

If you need the help of a lawyer in criminal, family, or civil law, you can call 8-910-188-73-21 or write by email or telegram.

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