Defence of Suspects and Accused Persons

The situation is discussed with a defence lawyer before any participation in procedural actions. The defence lawyer explains the rights involved, the procedure for the forthcoming action and the possible consequences of the decisions being made. The defence position is developed with the client's involvement and refined as new information is obtained.

Explanations, testimony and other materials are assessed in the light of the circumstances in which they were obtained and the requirements of the law. Where there are grounds, the defence raises the issue of the breaches committed and the inadmissibility of such evidence.

In cases connected with a company's operations, contracts, resolutions of management bodies, accounting documents and business correspondence may be relevant. Examining them helps to reconstruct the course of events, the allocation of powers and the decision-making procedure.

• Assessment of procedural statusExplanation to the client of their rights, the content of the documents available and the forthcoming procedural actions.
• Defence positionArguments formulated together with the client, taking into account the possible consequences.
• Defence materialsDocuments and information gathered in support of the client's position, and motions for their admission to the case file.
• Procedural filingsMotions, applications and complaints setting out the position in writing.
• Participation in the caseThe defence lawyer's attendance at investigative actions and court hearings.

The outcome of the service is the work performed within the scope agreed with the client.

1. Materials

   The position is built on the documents and the circumstances of the case; the following points are relevant.

   • Case detailsThe investigating authority, the details of the investigator or inquiry officer, the case number and the procedural status of the person seeking assistance.
   • Forthcoming procedural actionsInformation on a detention, a summons, a scheduled investigative action or a court hearing.
   • Documents availableSummonses, records, orders and other materials received.
   • Information on the clientPlace of work, family status, state of health and other circumstances that may be relevant to the case.
   • Documents on the circumstances of the caseContracts, correspondence, accounting and payment documents.
   • Information on restrictionsDocuments on the attachment of property, restrictions on account transactions and the seizure of documents and data storage media.
   • Formalizing the engagementInformation needed to identify the client and the scope of the instructions, check for a possible conflict of interest and enter into an engagement agreement with the defence lawyer.

2. Assessment

   On the basis of the materials, the strengths and weaknesses of the position, the risks and the possible courses of action are identified.

3. Plan

   For the chosen option, a plan is drawn up: the sequence of steps, timing and scope of work.