Most people associated with the proceedings of the concept completely unfamiliar.
While many may guess that means "accuser" and "accused", the average Russian is hardly aware of the existence of public defenders.
Who are these people and what functions they perform in the framework of legal proceedings?
Public Defender: the definition of the functions and
It should immediately be noted that the Russianlegislation there is no concept of "public defender" - the term is rather an echo of the Soviet Union, so the Russian consciousness a public defender is understood a second defender in proceedings, in addition to the lawyer (the main defender).
Nevertheless, there is a concept the Russian Code of Criminal Procedure"Defender" in the framework of which may include a function of that "public defender" - persons whose admission to the trial the accused seeks.
In the role of public defenders is most often a family member, at least - the members of trade unions or organizations in which the defendant was able to work, sometimes - the members of labor boards.
In fact, the public defender - lawyer with a copylimited functions. Under public defender often involve a person who is not associated with the system, and it is, in contrast to the lawyer is entitled to withdraw from the defense of the accused.
Participation of the public defender in courtproceedings began in the Soviet Union - then the presence of such defenders was to expand the scope of the trial and make a bit of democracy in the court.
Freedom of action and the real state of the public defender in the court system
Public Defender shall have the right to represent andexamine evidence, examine the documents before the Court to declare petitions and challenges, participate in the debate. Public Protector has the right to influence the judge, giving grounds to convict the defendant on probation, delay the execution of the sentence or release him from punishment, and transferred to the care of the organization on behalf of the event himself.
The authors of the current Code of Criminal Procedure did everything possible to "unleash the fog" in question is at what stage of the proceedings it may start legal activities of the public defender.
According to Article 49 of the Code of Criminal Procedure, the public defender can not enter into the process of judicial inquiry (preliminary investigation) - is one of the main restrictions on the freedom of action of public defenders.
As the jurisprudence of the Court doesdoes not necessarily prevent a public defender, if the process is already engaged a lawyer. And numerous failures to requests for a public defender often have absolutely no foundation.
Of course, the system, especially in cases of political criminals or murderers, is not profitable to involve an independent party which can only complicate the judicial process.