Lawyer for the accused. Services of a lawyer in criminal matters. Indictment

Lawyer for the accused. Services of a lawyer in criminal matters. Indictment

Any, even the most inexperienced layman, knows that the most difficult of the existing trials, of course, is the criminal process. This is explained not so much by its complexity as by the significant consequences of its results on the persons participating in it.

Other types of litigation, as a rule, entail certain property consequences. For example, some amount will be exacted from you or fined. Yes, it can be a considerable, often overwhelming amount, but according to the results of participation in the criminal process, you have your own freedom at stake, and as a result, a broken fate, undermined health and an early life that may have ended. A material factor may also be present, but in any case, it is of secondary importance.

If criminal proceedings have been opened against you, that’s half the trouble.

If you have been notified of a suspicion of a criminal offense, this indicates the desire of the prosecution to prove your guilt. Yes, many experts will say that it is still possible to break down the evidence base of law enforcement, cancel a suspicion by a court decision and get the case closed.

However, if you have been charged, this suggests that:

  • • The evidence base of guilt is fully formed;
  • • Investigation completed;
  • • The case will be sent to court;
  • • The law enforcement system wants to bring the case to a guilty verdict.

If you did not have a lawyer before the charge, now a lawyer is simply necessary. If it is, then evaluate the effectiveness of its work and think about its possible replacement.

Who is the accused?

You become the accused from the moment the indictment is submitted to court, in the prescribed manner. The indictment is drawn up by the investigator who investigated your case and is approved by the prosecutor.

There are clearly regulated requirements for the content of the indictment and the list of appendices to it:

  • • details of the criminal proceedings and its number;
  • • Your details (name, date and place of birth, place of residence, citizenship) and details of all other accused;
  • • Data of all victims (name, date and place of birth, place of residence, citizenship);
  • • Name and position of investigator, prosecutor;
  • • The actual circumstances of the criminal offense and its legal qualifications, with reference to the relevant provisions of the Criminal Code of Ukraine;
  • • List of mitigating and aggravating circumstances;
  • • The amount of damage caused;
  • • The amount of costs for the work of experts;
  • • Date and place of signing of the indictment and its approval.

Indictment must be accompanied by:

1) register of materials of investigation;
2) a civil lawsuit, if one was brought and is in the case file;
3) a receipt of the accused on receipt of copies of the indictment, civil suit (if any), and the register of pre-trial investigation materials;
4) a receipt on receipt by a civil defendant of a copy of a civil lawsuit;
5) a certificate of the legal entity in respect of which the production is carried out, indicating the name, legal address, bank details, code, registration information.

Rights of the accused (Article 42 of the Code of Criminal Procedure of Ukraine).

These rights arise from the moment the indictment is brought to court.

The lawyer with whom you are supposed to communicate before the first interrogation will explain your rights in detail. Let us dwell briefly on them:

  • • Know which criminal offense you are charged with;
  • • Be clearly and timely notified of your rights and receive clarifications;
  • • upon request, to have a lawyer and a meeting with him before the first interrogation, and then to have such visits without limiting their number and duration; on the participation of a lawyer in interrogation and other investigative actions, on obtaining a lawyer at the expense of the state;
  • • do not give evidence;
  • • give explanations, testimony regarding the prosecution, or at any time refuse to give them;
  • • require verification of the lawfulness of the detention of the accused;
  • • in the case of detention or the application of a preventive measure in the form of detention - to immediately notify family members, close relatives or other persons thereof;
  • • collect and present evidence;
  • • participate in investigative actions;
  • • when conducting them, ask questions, submit your comments and objections regarding their respective order, which are recorded in the protocol;
  • • use technical means in compliance with the requirements of law when conducting investigative actions in which you participate;
  • • get acquainted with the materials of the pre-trial investigation;
  • • receive copies of procedural documents and written communications;
  • • appeal against decisions, actions and inaction of law enforcement officers;
  • • to demand compensation for damage caused by illegal decisions, actions or inaction of law enforcement officials, as well as restoration of reputation, if the suspicion (accusation), prosecution were not confirmed;
  • • use the native language, receive copies of procedural documents in the native language.
  • • take part in the examination of witnesses during the trial;
  • • collect and submit evidence to the court;
  • • express their opinion at the hearing regarding the motions of other participants in the trial;
  • • Speak in court;
  • • get acquainted with the court journal and the technical record of the trial, and submit comments on them;
  • • appeal the court decisions in the established manner, know about appeals and cassation appeals filed against them, applications for their review, file objections to them;
  • • receive clarifications on the procedure for the preparation and use of the pre-trial report, refuse to participate in its preparation;
  • • participate in the preparation of the pre-trial report, provide the information necessary for the preparation of such a report, get acquainted with its text, submit its comments and clarifications.

At the stage of judicial review of your case it is the lawyer who will be able to fully and effectively conduct such activities :

- to verify the legality of law enforcement at the pre-trial stage;
- questions and initiates verification of the authenticity and admissibility of evidence collected against you (appointment of expert reviews);
- provides the court with evidence of your innocence (witnesses and evidence in your favor);
- controls the actions of the judge and appeals against his controversial decisions.

Do you have problems with law enforcement?
Are you accused of a criminal offense?
Have you been detained as the accused of him? Are you facing a guilty verdict?
Contact our law firm! Our attorneys will accompany you at all stages of this procedure and will achieve a positive result!

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