Constitution, particularly Article 48, guarantees the right to qualified legal assistance.Everyone, including the person detained, taken into custody or charged with a crime is entitled toaccess to a lawyer (defender) from the time of his interrogation, arrest, detention or indictment.
Most of the investigators (investigators) want to get a confession from a suspect or defendant in a criminal investigation.
In order to ensure the right to a qualified defense, everyone has the right to seek qualified help to a criminal lawyer may be appointed by the investigator.
In accordance with the Code of Criminal Procedure of the Russian Federation at the request of the suspect, the defendant is provided counsel part investigator, prosecutor or court. This provision does not restrictcapabilities of the investigator "to appoint" counsel of your choice. In most cases, the presence of defense counsel at the preliminary investigation is not controlled by anyone and are directly summoned by the investigator, in violation ofthe existing procedure of legal aid and duty schedule that does not imply, however, the investigator of any adverse effects.
This creates conditions for "fixing" an investigator for a particular lawyer (s) whose activity is expressed not only in an effort to provide competent and professional legal assistance, but in the passive protectionaimed at obtaining a confession the suspect (accused), or the opportunity "to resolve any issues with the investigator" at the expense of the customer.
Therefore, to conclude an agreement for the provision of qualified legal aid is not a lawyer so, which recommended the investigator (investigator), and those who can defend your position.
Participation in the good faith defense does not always allow an investigator (investigator) to obtain the desired result. In this case, the investigator (the investigator) may resort to the developed methods, namely to obtaintestimony from a suspect (accused) by the secret operational activities.
One such method - the detention of a suspect two days. During this time, the suspect held numerous conversations with law enforcement officials to obtain a confession from him. In most cases, this gives a positive result, especially when the suspect turns out to be psychological, and occasionally by other inmates, the physical impact. In some cases, the suspect says turnout of guilt and waives service of good counsel.
I believe that the use of the above methods can be avoided.
First, by writing the suspect (accused) by a declaration addressed to the investigator (the investigator) to participate in any investigative activities and operational activities only with his lawyer. Accordingly, counsel in this case acts as the guarantor of legality;
Second, by submitting an application to the head of the detention center on the need to meet with his lawyer;
Third, to prevent any illegal action by law enforcement officials by filing a complaint on their illegal actions in supervising body - the prosecutor or the court.
Most of the investigators (investigators) want to get a confession from a suspect or defendant in a criminal investigation.
In order to ensure the right to a qualified defense, everyone has the right to seek qualified help to a criminal lawyer may be appointed by the investigator.
In accordance with the Code of Criminal Procedure of the Russian Federation at the request of the suspect, the defendant is provided counsel part investigator, prosecutor or court. This provision does not restrictcapabilities of the investigator "to appoint" counsel of your choice. In most cases, the presence of defense counsel at the preliminary investigation is not controlled by anyone and are directly summoned by the investigator, in violation ofthe existing procedure of legal aid and duty schedule that does not imply, however, the investigator of any adverse effects.
This creates conditions for "fixing" an investigator for a particular lawyer (s) whose activity is expressed not only in an effort to provide competent and professional legal assistance, but in the passive protectionaimed at obtaining a confession the suspect (accused), or the opportunity "to resolve any issues with the investigator" at the expense of the customer.
Therefore, to conclude an agreement for the provision of qualified legal aid is not a lawyer so, which recommended the investigator (investigator), and those who can defend your position.
Participation in the good faith defense does not always allow an investigator (investigator) to obtain the desired result. In this case, the investigator (the investigator) may resort to the developed methods, namely to obtaintestimony from a suspect (accused) by the secret operational activities.
One such method - the detention of a suspect two days. During this time, the suspect held numerous conversations with law enforcement officials to obtain a confession from him. In most cases, this gives a positive result, especially when the suspect turns out to be psychological, and occasionally by other inmates, the physical impact. In some cases, the suspect says turnout of guilt and waives service of good counsel.
I believe that the use of the above methods can be avoided.
First, by writing the suspect (accused) by a declaration addressed to the investigator (the investigator) to participate in any investigative activities and operational activities only with his lawyer. Accordingly, counsel in this case acts as the guarantor of legality;
Second, by submitting an application to the head of the detention center on the need to meet with his lawyer;
Third, to prevent any illegal action by law enforcement officials by filing a complaint on their illegal actions in supervising body - the prosecutor or the court.
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