1. The participation of a defense attorney is mandatory in criminal proceedings for particularly serious crimes. In this case, the participation of the defender is ensured from the moment the person acquires the status of a suspect (Part 1 of Article 52 of the Criminal Procedure Code of Ukraine).
  2. In other cases, the mandatory participation of a defense attorney is ensured in criminal proceedings:
  • щодо осіб, підозрюваних або обвинувачених у скоєнні кримінального злочину віком до 18 років - з моменту встановлення факту неповноліття або виникнення будь-яких сумнівів у тому, що особа є повнолітньою;
  • with regard to persons suspected or accused of committing a criminal offense under the age of 18 - from the moment of establishing the fact of minors or any doubts arise that the person is of legal age;
  • regarding persons who due to mental or physical disabilities (mute, deaf, blind, etc.) are unable to fully exercise their rights - from the moment these disabilities are established;
  • regarding persons who do not speak the language in which the criminal proceedings are conducted - from the moment this fact is established;
  • in relation to persons for whom coercive measures of a medical nature are expected to be applied or the question of their application is being decided - from the moment of establishing the fact that the person has a mental illness or other information that raises doubts about his sanity;
  • on rehabilitation of the deceased - from the moment the right to rehabilitation of the deceased arises. 

        A suspect is a person who has been notified of the suspicion in accordance with the procedure provided for in Articles 276-279 of this Code, or a person detained on suspicion of committing a criminal offense (part 1 of Article 42 of the Criminal Procedure Code of Ukraine).

       The accused (defendant) is the person against whom the indictment was submitted to the court in accordance with the procedure provided for in Article 291 of this Code (part 2 of Article 42 of the Code of Criminal Procedure of Ukraine).

 

Duties of a criminal lawyer include:

  1. Detailed study of the material of the criminal case and collection of evidence;
  2. Development of tactics and client protection schemes;
  3. Constant visitation of the accused in the pretrial detention center;
  4. Appealing the decision and the selected preventive measure;
  5. Preparation of petitions and statements;
  6. Presence during investigative searches, experiments, inspections and interrogations;
  7. High-quality protection of the interests of the accused/defendant both during court hearings and during the entire investigation.

A lawyer in criminal cases has the following powers:

  1. Has the right to talk to the client without witnesses for an unlimited time;
  2. Participates in investigative actions and can be present at interrogations;
  3. Can gather evidence of the client's innocence.

Persons engaged in the following matters:

Managing partner Oleksandr Shipilov, tel.066-321-95-66