Every suspect has the right to a defence in order to secure a more lenient sentence. To this end, the detained person is provided with legal assistance. The defence during the trial stage of criminal proceedings consists of a series of actions:
- to clear the suspect of suspicion;
- to review the charges;
- to mitigate liability.
Criminal defence solicitor: defence in court
Defence in criminal cases is provided to:
- safeguard the interests of the victim;
- defend the accused or suspect.
Once a case has been referred to court, a lawyer has the right to:
- meet with the accused in private;
- examine the case materials following the conclusion of the preliminary investigation;
- be present during the questioning of the accused;
- make copies of the data necessary for the further consideration of the case;
- take part in the court proceedings;
- to gather evidence independently;
- to lodge a complaint against unlawful actions by law enforcement officials.
When is a defence lawyer mandatory?
A suspect may choose not to have a defence lawyer. Everyone has the right to refuse legal assistance. However, there are cases where it is not possible to refuse a defence lawyer. These include:
- suspects under the age of 18;
- persons with mental or physical disabilities;
- foreign nationals;
- persons who have entered into a plea agreement with the prosecutor.
Features of defence in criminal court proceedings
A suspect may avail themselves of the rules of court. These may contribute to the proper organisation of the proceedings. The rules include the following:
- there is no limit on the number of defence lawyers per suspect;
- only a Ukrainian citizen with a higher legal education may act as a lawyer in court;
- minors, persons lacking legal capacity or those with mental disorders must have a defence lawyer;
- It is prohibited to act as a defence lawyer for two or more suspects with conflicting interests;
- Close relatives or family members of the victim may not act as a defence lawyer for the accused;
- Everyone has the right to be represented by several lawyers.
Consultation with a criminal lawyer from Svarog
We understand that anyone can become involved in legal proceedings. To resolve legal issues quickly, it is advisable to consult legal experts. Our lawyers provide the following services:
- preparation of a full set of documents;
- collection of evidence in the client’s favour;
- defence in criminal proceedings;
- full support during questioning;
- defending the interests of the accused or the victim in court.
It is a criminal defence lawyer who will help devise the best strategy for your specific situation.
Frequently Asked Questions and Answers
How does a lawyer defend a client in court in a criminal case?
Defence in court is carried out by:
- gathering evidence of innocence or mitigating circumstances;
- identifying irregularities in the investigation;
- rebutting the prosecutor’s arguments;
- submitting various motions and applications;
- direct participation in court hearings.
What should be done after the indictment has been sent to court?
The first steps after the indictment has been sent may include:
- obtaining a copy of the indictment for review;
- begin working with a solicitor;
- develop a defence strategy;
- prepare a motion for a preventive measure or for the case to be dismissed;
- familiarise yourself fully with the materials of the criminal proceedings.
Can a preventive measure be changed during the trial?
Yes, a preventive measure can be changed during the trial. To do this, you must submit a motion setting out the grounds for mitigation: