Defence of an accused person

It is precisely the attorney who, knowing the circumstances of the case, is able to choose the most effective defence strategy — from the beginning of the pre-trial investigation to the end of the trial — and to substantially mitigate the guilt of the accused, and therefore the sentence imposed. Instead of an actual term of imprisonment, the accused may receive a suspended sentence.

An accused person (defendant) is a person in respect of whom the indictment has been transferred to the court. The indictment is drawn up by the investigator and then approved by the prosecutor. It may also be drawn up by the prosecutor — in particular, if the prosecutor disagrees with the indictment prepared by the investigator.

Every person has the right to say nothing regarding the suspicion or accusation against them, to refuse to answer questions at any moment, and to be immediately informed of these rights.

Once the case has reached the court, the participation of an attorney becomes essential. In the court of first instance the attorney studies the case file in detail, prepares all the necessary documents, builds the line of defence and takes part in the hearing — effectively defending your interests and responding promptly to the prosecution.

No person may be compelled to give explanations or testimony that could become grounds for suspicion or accusation of a criminal offence committed by their close relatives or family members.

Rights of an accused person

• to know which criminal offence they are accused of committing
• to be clearly and promptly informed of their rights and to receive an explanation of them on first request
• to have a defence counsel and to meet them before the first questioning under conditions ensuring confidentiality, and after the first questioning — to have such meetings without limitation of their number or duration
• to have the defence counsel present during questioning and other procedural actions
• to waive the defence counsel at any moment of the criminal proceedings
• to receive legal assistance at the expense of the State in the cases provided for by the law on free legal aid
• to say nothing regarding the suspicion or accusation, or to refuse to answer questions at any moment
• to demand verification of the grounds for detention
• in case of detention or remand in custody — to have family members, close relatives or other persons immediately notified of the detention and of their whereabouts
• to collect and submit evidence to the investigator, prosecutor and investigating judge
• to take part in procedural actions, to put questions, to submit comments and objections regarding the procedure, which are entered into the record
• to use technical means during procedural actions in which they participate
• to file motions and challenges
• to review the materials of the pre-trial investigation upon its completion
• to appeal against decisions, actions and inaction of the investigator, prosecutor and investigating judge

Defence in the process of being brought to criminal liability is the attorney's principal task: it is the attorney who opposes the prosecution and constitutes the defence.

Additional rights during procedural actions

During procedural actions the accused may put questions, submit comments and objections regarding the procedure for carrying out the actions — all of which are entered into the record. Subject to the requirements of the Code, they may also use technical means during procedural actions in which they take part.

The investigator, prosecutor, investigating judge or court has the right to prohibit the use of technical means during a particular procedural action or at a certain stage of the criminal proceedings, in order to prevent the disclosure of information containing State or other secrets protected by law, or where this concerns the private life of participants and other persons.

Rights at the stage of the trial

• to take part in the examination of evidence and in the questioning of witnesses
• to present their own evidence and to file motions for its examination
• to speak in the debates and to make the final statement
• to appeal against the verdict on appeal and in cassation
• to receive copies of procedural documents and written notifications
• to use the native language, to receive copies of documents in that language and to use the services of an interpreter free of charge

Defence in the process of being brought to criminal liability is the attorney's principal task: it is the attorney who opposes the prosecution and constitutes the defence. Self-defence, by contrast, usually leads to irreparable mistakes — it is impossible to see the situation objectively and to keep emotions aside, especially without knowledge of the tactics of the investigation bodies and of the rules of criminal procedure.