Open AccessWaiver of a Counsel (for the Defense) in a Criminal Procedure
Author(s) -
V.D. Postanyuk,
Attorney at Postanyuk
Publication year - 2021
Publication title -
advokatskaa praktika
Language(s) - English
Resource type - Journals
ISSN - 1999-4826
DOI - 10.18572/1999-4826-2021-1-29-32
Subject(s) - waiver , suspect , criminal procedure , law , right to counsel , political science , code (set theory) , order (exchange) , criminal code , criminal case , criminal law , computer science , business , supreme court , set (abstract data type) , finance , programming language
Provision to the suspect and defendant’s constitutional right to protection is an essential principle of criminal proceedings (article 16 of the code). In the code there are some articles that illuminate the mechanism of participation of the defender in criminal proceedings, this includes: defining the range of persons who can be advocates, fixing specific time, the participation of counsel in the case, an order of protection and other issues. But it is the question of the implementation of the right of the accused (suspect) to refuse to defend and participate in the case of a lawyer that is of fundamental practical and legal importance. There are two possibilities that should be distinguished: on the one hand, complete rejection of the defender in general, and on the other hand, rejection of a specific defender. The refusal of a lawyer in general is provided with a number of restrictions, which are listed in the relevant article of the criminal procedure code. in all other cases, the rule applies that it is possible to refuse to help a lawyer at any time during the criminal proceedings. This article is devoted to the consideration of these issues.