Unfortunately, the phrase that one should not repudiate anyone from a bag and a prison does not lose its relevance. In the whirlwind of life, almost every person has moments when they have to defend their rights by going to court.
Litigation is the consideration of a controversial civil or criminal case, in which two parties are present - the prosecution, which is represented by law enforcement agencies or the plaintiff, and the defendant, that is, the lawyer and the accused. The defense is carried out mainly by a lawyer, but if the defendant or the accused refuse his services, then he performs these functions independently and receives in court the same rights as a lawyer - he presents evidence of his innocence and can petition to bring a previously unannounced witness to the trial.
Lawyer - who is this
In ancient Rome, a lawyer was called a soldier of justice, since the very concept included the obligation to be a fighter for law, justice and legality, and in the modern world his tasks have not changed at all. A good defender, a true professional in his field, in addition to high moral and ethical qualities, must have a higher legal education and an order (admission) for the right to provide legal services, which is issued by the bar association. Of course, the work of a lawyer cannot be called easy, since the future fate of a person depends on his professionalism, the right choice of defense tactics, knowledge of legislation and experience.
Rights and obligations of the defense representative
A lawyer is obliged to act in accordance with the law and adhere to the rules of conducting legal proceedings. He has the right to collect information about the innocence of his client, that is, interview witnesses, collect evidence, meet with the client, who may be in custody and perform other actions that will not contradict the law. In addition, in this profession there are such important concepts as advocate secrecy and ethics, that is, a lawyer can only disclose the obtained data with the permission of the client.
There are a number of restrictions that a lawyer cannot violate, for example, if a lawyer signed an agreement on the provision of services, then he cannot terminate it unilaterally, he must not stay idle if there is irrefutable evidence that his client is incriminating himself, but refuses to provide other information. In addition, a lawyer has no right to provide legal assistance to a person whose appeal is illegal and whose wishes are contrary to the constitution.
The main task of the person who represents the defense in court is, of course, to prove the innocence of the accused or, if this is impossible, to achieve the lightest punishment provided for by the article of the law.
