Legal encyclopedia. The letter O

ADVOCATE DEPARTURE.

An advocate who is allowed to participate in the proceedings as an advocate or representative by definition or order of a court can not perform the duties imposed on him in identifying circumstances that indicate the possibility of leaving the person being protected or represented without proper protection or legal assistance.

The need to determine the range of these circumstances is due to the fact that it is required to exclude cases of possible orientation of the defender or representative to priority or simultaneous satisfaction in the course of the proceedings in the case of interests that are divergent with the interests of the defendant or represented.

Circumstances precluding the participation of an attorney in the proceedings are:

1) previously participated in the proceedings in this case as a judge, prosecutor, investigator, inquirer, expert, specialist, witness or witness;

2) is a close relative or relative of a judge, prosecutor, investigator, inquirer, secretary of a court session who has taken or is taking part in the proceedings in this case, or a person whose interests contradict the interests of the participant in the proceedings who has concluded an agreement with him on providing protection;

3) provides or has previously provided legal assistance to a person whose interests are contrary to the interests of the suspect or defendant he is protecting, or

Represented by the victim, civil plaintiff or civil defendant.

In the presence of the above circumstances, the lawyer is not entitled to conclude an agreement on the implementation of protection or representation.

Participation of a defender or representative in the proceedings is excluded, irrespective of when they provided legal assistance to persons whose interests are contrary to the interests of the protected or represented person, even if assistance was provided prior to the initiation of the case.

A circumstance precluding the participation of an attorney in connection with kinship with an official who has taken or is participating in the investigation or examination of the person's case ensures the impartiality of the lawyer and his objectivity and independence, since otherwise he could be affected by a relative or member Family, which carries out proceedings in the case of the principal.

Also, the lawyer is not entitled to take on behalf of the request for legal assistance if, at the time of such a request, the lawyer has already been questioned as a witness for the same criminal or civil case, according to which it is planned to participate as a representative of the victim, civil plaintiff, civil defendant or defender Suspect or accused.

In the proceedings in the case of an administrative offense, as a defender and representative, persons are not admitted if they are employees of state bodies that supervise and monitor compliance with the rules whose violation was the basis for initiating the case, or if they previously acted as others Participants in the proceedings in this case. Here, the lawyer concerns only the second part of this prohibition, since, being an employee of a state body, a person could not simultaneously obtain the status of a lawyer.

If there are grounds for a challenge, the defense counsel must withdraw from participation in the proceedings in the criminal case.

A person has the right at any time to refuse a lawyer who provides him legal assistance in the event of conflicting positions of the principal and the lawyer.

The discovery by suspects, accused, as well as victims, civil plaintiffs, civil defendants of circumstances precluding the participation of an advocate as a defender or representative in the case, implies their refusal to provide legal assistance from this lawyer. Such refusal can be made at any time, both before and after the conclusion of an agreement on the implementation of protection or representation and excludes the need to adopt

Inquirer, investigator, prosecutor or court of the decision on challenge. The challenge of a defender or representative can be held if circumstances precluding his participation in the case are identified after the attorney assumes the procedural duties for the implementation of protection or representation. When deciding on the removal of a defense counsel or representative, the officials conducting the proceedings in the case must take into account the opinion of the defendant or the person being represented. If the grounds for challenge are obvious, but contrary to established facts, the suspect, accused or victim, civil plaintiff, civil defendant insists on the continuation of their defense counsel or the representative of procedural duties, it is necessary to be guided by the law requiring the investigator, investigator, prosecutor and the court to challenge.

In the event that a decision is made on O. A. the defender, the suspect, the accused is guaranteed the right to use the services of another defender, and the victim, civil plaintiff, civil defendant is given the opportunity to bring another representative to participate in the criminal case.