FUNCTION AND GOALS OF DEFENSE IN CRIMINAL PROCEEDINGS

Abstract

The article determines that the function of protection, the subject of which
is the suspect, accused, defendant, convicted person, and the professional one is
the lawyer acting as a defender, requires the implementation of several active
actions, the ultimate goal of which is to justify the appropriateness of the adoption by the authorized official of one of the following decisions: 1) closure of criminal
proceedings on rehabilitative grounds; 2) closure of criminal proceedings in
connection with the release of a person from criminal liability; 3) acquittal on
rehabilitative grounds, etc. It summarizes which typical approaches of individual
defenders in representing the interests of their clients are inappropriate for
implementation, as they violate ethical principles.
In the context of the practical implementation of the function of protection,
the appropriateness of determining and substantiating the legal position that
becomes the basis of the subject of protection is noted. It is determined which
means and methods of implementing the legal position the defense are
guaranteed by law and should be implemented to implement the protective
function.