An attorney appointed by the investigating authorities carries out duties that coincide with those of any other defense attorney invited by the suspect or the accused. At the same time, lawyers must comply with the requirements for mandatory participation in defense at the invitation of the investigating authorities.
The presence of a defense attorney for a suspect or accused during the performance of various investigative actions in court sessions is one of the mandatory requirements of the criminal procedure legislation of the Russian Federation. If the person under investigation does not have the opportunity or desire to invite his own lawyer, the authorized bodies ensure the participation of a public defender (except in cases of refusal of a lawyer). The defense attorney appointed by the investigator or interrogator fulfills all the duties of an ordinary lawyer, while he has no right to refuse the corresponding appointment. The sequence and procedure for the participation of defense lawyers appointed by state bodies in various cases is determined by the bodies of the lawyers' community on the territory of each constituent entity of the Russian Federation.
The main duty of a public lawyer
The main duty of a public attorney in criminal proceedings is conscientious, honest, reasonable defense of the rights and interests of his client. As part of the fulfillment of this obligation, the defender can use all methods and means not prohibited by Russian law. The aforementioned main duty of a state lawyer is enshrined in a special federal law, however, it is disclosed through the powers of a lawyer. The reason for this is the impossibility of securing specific responsibilities, since their list may vary depending on the case in which the public defender is involved.
Powers of a public attorney
After being admitted to take part in criminal proceedings, the state lawyer visits his client, is present when charges are brought against him, during interrogations, and other procedural actions. He collects information, evidence that is necessary for the effective implementation of the defense, receives copies of all relevant procedural documents. In addition, the public defender gets acquainted with the case, makes the necessary extracts and copies, participates in court sessions of courts of any instance, where he directly defends the suspect, the accused. Finally, he makes requests, appeals against the actions of the investigator or inquirer, and participates in the judicial examination of these complaints. This list of powers is not exhaustive, since the public attorney is allowed to perform any other actions within the framework of the law to achieve the desired result.
