Legal Encyclopedia. Letter O

ACCUSED

- Participants in criminal proceedings.

A. A person against whom: the decision about bringing him in as a defendant; handed down an indictment; O., the criminal case is assigned to the trial, called the

the defendant; O., for which convicted is called

convicted; O., in respect of which acquittal is

justified.

O. has the right to defend their rights and legitimate interests and to have adequate time and facilities to prepare a defense.

OA has the following rights:

1) to know what he is accused;

2) obtain a copy of the decision on bringing him in as a defendant, a copy of the application of a preventive measure, a copy of the indictment or the indictment; 3) object to the charges, testify on the charges against him or refuse to testify. With the consent of the accused to testify, he should be warned that his testimony may be used as evidence in criminal proceedings, including when it is followed by a refusal of these indications;

4) submit evidence;

5) make motions and challenges;

6) give evidence and explanations in their native language or the language he speaks;

7) to an interpreter free of charge;

8) to be assisted by counsel, including free of charge;

9) have a meeting with the lawyer in private and confidential, including before the first interrogation of the accused, without limiting their number and duration;

10) participate with the permission in investigative actions conducted at his request or the request of his lawyer or legal representative, to get acquainted with the protocols of these actions and submit comments on them;

11) to get acquainted with the decree on the appointment of forensic, put questions to the expert and to get acquainted with the expert opinion;

12) to get acquainted at the end of the preliminary investigation with all case materials and copy out of the criminal case any information and in any volume;

13) to shoot at his own expense with a copy of the investigation file, including through technical means;

14) to lodge complaints against the actions (inaction) and decisions of the inquirer, investigator, prosecutor and court and take part in their examination by the court;

15) object to the termination of criminal proceedings;

16) participate in the proceedings of the criminal case in the courts of first, second and supervisory authorities, as well as in consideration of the court on the election against his measure of restraint;

17) to get acquainted with the protocol of the court session and submit comments on it;

18) appeal against the judgment, decision, ruling, and to receive copies of the contested decisions; 19) to receive a copy of the criminal case brought complaints and representations and submit objections to these complaints and representations;

20) participate in the consideration of issues related to the execution of the sentence;

21) to defend himself by other means and ways not prohibited by law.

At the first interrogation O. prosecutor, investigator, inquiry officer are obliged to explain to him his rights.

OA is not obliged to prove his innocence, but he is entitled to do so, and using all of its available legal means. Any violation of the rights of the accused to defense is considered in the jurisprudence of a material breach of the law, because it is a violation of the principle of the criminal process.

O. crimes considered to be innocent until his guilt is proved in accordance with established federal law and established by a court verdict.