Investigation, trial - ERDOSDR

Go to content

Main menu:

Investigation, trial

Services > Criminal law

In criminal law cases, the legal profession will be represented depending on the capacity in which the lawyer is present.

The lawyer representing victims in criminal proceeding may be the brought into the case at the earliest stage of such proceedings, even before the police may order a formal investigation, (especially in cases concerning whistle-blowing) as a representative of the victims, the lawyers and their clients are in a unique situation, because as a lawyer, one can know more material facts in relation to the investigation, than the state-appointed prosecutor, and may make motions to a court in addition to the prosecutor. Most importantly, however, there is the possibility that if a prosecutor does not desire to take a case, another may be appointed by the State, and in this case the first prosecutor is replaced.

In this case, the prosecutor changes opportune as a defence tactic. Lawyers usually do not make any judgement of a client’s innocence or guilt, nor is it the job of a lawyer to report or make accusations to the authorities. The lawyer is at the other side of the scale of justice and is for the defence of the prosecuted.

At the very least, the role of a lawyer in criminal proceedings is as the witness's representative defence, and is confined only to help the defendant understand the rights and responsibilities of witnesses in criminal proceedings, so they may exercise their rights. The lawyer may be present at any initial interrogation proceedings, but cannot intervene and is deemed a formal observer.

The primary function of a criminal lawyer is the defence. Here I think there are two things one should know. Firstly, all branches of law may suspend client/lawyer secrecy, but no matter what information the lawyer may learn from its client, he is not bound to appear in court as a material witness. Therefore, in effect, there really is absolute secrecy.

The second important fact concerns the initial arrest of a client, which is not considered pre-punishment. Although depending on the severity of the offense in the accusations, but has its own basis for an arrest.

The criminal defence lawyer may be present during all investigative procedures related to the suspect, and in such cases, the suspect may also be present, as well during the questioning of witnesses whom the defence may propose. A lawyer may also be present in other police investigative process, if the investigating authority permits this. All investigative documents are fully protected from view the completion of the investigation phase.

These practical considerations must be taken into account under the defence work, and it is also limits by what a lawyer may promise to a suspect or detainee.

In my defence lawyer cases, it has been of great benefit to me, that in the criminal law area, I have that great experience as a uniformed police officer, detective, investigator, prosecutor and as a court clerk.

 
Copyright 2015. All rights reserved.
Back to content | Back to main menu