PROCEDURAL STATUS OF THE DEFENDER IN CRIMINAL PROCEEDINGS

Abstract

In this article, it has been emphasized that the participation of a defense
attorney in criminal proceedings to provide protection is one of the components
of such an international legal standard as the right to defend oneself personally or
to use the legal assistance of a defense attorney chosen by him at his own
discretion. It has been substantiated that an integral component of ensuring the
right to defense in criminal proceedings is the use of professional legal assistance
of a defense attorney. It has been proven that the procedural status of a defense
attorney is defined by the criminal procedural legislation as the activity of a
lawyer to provide legal assistance to a suspect, a person in respect of whom
sufficient evidence has been collected to report a suspicion of committing a
criminal offense, but the suspicion in connection with her death has not been
reported to the accused, convicted, acquitted, a person in respect of whom the
application of coercive measures of a medical or educational nature is envisaged
or the issue of their application has been decided, as well as a person in respect of
whom the issue of extradition to a foreign state (extradition) is envisaged to be
considered for the purpose of protecting his rights, freedoms and legitimate
interests in criminal proceedings. The main content elements of the procedural
status of the defender have been highlighted and characterized: tasks and
functions of the defender in criminal proceedings; his rights, duties and
responsibilities; guarantees of the activity of the defender.