Action steps defender when deciding remand the suspect (accused) in criminal proceedings in Ukraine
Автор: Skryabin Alexey Nikolajevich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 4 (11), 2014 года.
Purpose: Scientific and practical study of the stages of action marker in deciding whether to remand the suspect, accused in a criminal proceeding in Ukraine and provide suggestions for improving the criminal-procedural law of Ukraine as well as the qualification examination program approved by the Board of Advocates of Ukraine № 153 dated June 01, 2013. Methodology: Formal-legal method was used. Results: The article highlights the steps of action marker in deciding whether to remand the suspect, accused in criminal proceedings in Ukraine, given their characteristics: I stage - establishing communicative - psychological contact attorney and a client at the first meeting and clarifications last of his rights in accordance with the Code of Criminal Procedure; Stage II - clarification defendant nature and types of measures, the circumstances considered in remand; Stage III - the collection of information characterizing the identity of the suspect or the accused; Stage IV - clarification defendant asylum procedure in court and providing recommendations defendant to prepare for action in court; Stage V - obtaining a court order for the preventive measure or refusal of its application, a discussion with the defendant decree content and explaining the essence of judgment; Stage VI - an explanation of the defendant the right to appeal the decision of the investigating judge in the Court of Appeal in accordance with Art. 309 Code of Criminal Procedure. Found that the effective implementation of protection under remand the suspect or accused in criminal proceedings, depends not only on the legal action lawyer but also from its active position, professional psychological preparedness, knowledge and skills at the first meeting to establish communicative and psychological contact a lawyer with the suspect, the accused. Novelty/originality/value: Article has high scientific value, since it is one of the first attempts to consider the stages of action marker in deciding whether to remand the suspect, accused in criminal proceedings in Ukraine.
Короткий адрес: https://sciup.org/14027725