The defendant is ... The last word of the defendant

The defendant is the person against whom the criminal case is considered in the court session. He has his rights and responsibilities. In addition, the defendant is the main participant in the process, because in this case his fate is decided. He can be convicted or, on the contrary, acquitted.

What you need to know

After the investigation is completed, the criminal case is sent with an indictment or an act for approval to the prosecutor's office, and then transferred to the court. This authority appoints a hearing time. After this, the alleged attacker acquires the status of the defendant. His appearance at the meeting is mandatory.

In accordance with the code on the criminal process, the defendant is the accused, in the case of which a trial has been ordered. After the sentencing, he acquires the status of convicted or acquitted. This citizen can appeal the decision of the court independently or with the help of his lawyer.

Participation

The defendant is an accused whose fate is in the hands of justice if the case is assigned to consideration by this authority. He is obliged to participate in the meeting, except in cases provided for by law. The consideration of a criminal case without presence in the defendant's trial is allowed if:

- he solicits about this, and the perfect crime refers to crimes of small or medium gravity;

- The accused is abroad and evades the appearance at the meeting, but he was not brought for an act in the territory of a foreign state (exceptional situations in cases involving serious and very serious atrocities).

If the latter did not appear at the hearing, then it must be postponed. In the event that the accused was under a written undertaking not to leave the country, a drive may be applied to him and the measure of restraint may be changed.

Rights of the Defendant

The defendant can participate in the court session and defend himself by all methods not prohibited by law. He has the same rights in the process as the accused. These include the following:

- the right to defense, that is, he can invite an attorney himself or ask him to be granted a lawyer;

- get acquainted with the record of the court session, make extracts from it or make copies using technical means;

- present evidence that could confirm his innocence;

- to file petitions and challenges;

- take part in the discussions of the parties;

- express my "last word";

- appeal against the sentence in the time period established for this purpose.

In the courtroom

Here the accused is given a special place - the dock. As a rule, during the meeting, the alleged attacker, who was taken from the remand center, is in a special cage. If the person was under a written undertaking not to leave the place, then during the hearing he is located next to his defender or on the free seat, so that the judge can see him.

In the hall of the meeting, it is necessary to observe silence when one of the participants in the process gives testimony. Do not interrupt the judge or prosecutor. In addition, the defendant at the time of testimony should behave as calmly as possible and answer clearly the questions asked. He can use the help of a lawyer. Also, the accused may not give evidence at all. This is his legal right granted by the Constitution.

The defendant is a special status of the person whose case is being considered in the court session. That is why his testimony can be used as evidence necessary for the recognition of his guilt or for justification.

Debate

After the end of the judicial investigation, each of the participants in the process has the right to express their opinion regarding the charge of the accused. This is called the debate of the parties. As a rule, first here comes the prosecutor, who asks to recognize the person guilty of the atrocity, if there is enough evidence for this. The prosecutor in this case should argue his point of view reasonably or refuse the accusation. Then the floor is given to the lawyer, who expresses his defense position and tries in every way to justify his principal. In addition, the victim can participate in the debate if he wishes to express his opinion.

The law also does not limit the rights of the defendant: he can express his position on the charges brought against him or point the court to any facts that deserve, in his opinion, close attention. Nevertheless, in practice, the defender of the latter is engaged in this, so the alleged attacker very seldom takes part in the discussions of the parties.

The last word

It is provided to the alleged attacker after the end of the arguments of the parties. The last word of the defendant is a speech of the accused, during the pronunciation of which he can not be asked questions. At this moment, he can express his opinion on the case and even admit his guilt in the deed. In addition, the last word of the defendant is his personal appeal to the court, which can not be limited in time. At this point, the accused can ask for forgiveness from the victim or, conversely, keep silent. It is also necessary to take into account that the last speech of the defendant is his right, and not an obligation. Therefore, the latter may refuse the last word.

Protection

The person who has appeared on a dock, most of all requires the help of the competent and qualified lawyer. In this case, the latter can invite a lawyer independently, having concluded an agreement with him, or to use the services of a lawyer, which the state will provide him.

As practice shows, only the work of a competent lawyer can help an accused to escape punishment or reduce it, and also to obtain full justification. As a rule, only the defender of the defendant who is interested in this, that is, the person with whom they have signed an agreement and paid for the services, will be able to compete for success in the case. Although in practice it happens in different ways. Not always the state attorney shows special zeal in the work: he will receive his reward for work regardless of whether the accused is convicted or acquitted. That is why the defendant must worry about his defense in advance, especially if he is innocent and wants to prove it.

Appeal

This issue is always handled by a party that does not agree with the verdict of the court. A period of 10 days is allocated for appeal. This can be done by the defendant himself or his lawyer. The victim has the same right and his defender. The complaint is submitted to the court, which rendered the verdict. After that she goes to a higher authority. The defendant in the court session is already called convicted, despite the fact that the verdict has not yet entered into force. The interests of the latter can be defended by a lawyer, he also has the right to do it himself. The decision of a higher court comes into force after the sentence has been pronounced.

Important

The accused, in the case of which a court hearing is ordered, is the defendant. In a criminal case, he is a party to the defense process. His rights are defined by the CCP. The only duty is to appear for the court session. Without the presence of the defendant, consideration of the case is impossible, because this substantially violates his right to defense. Therefore, if he is not on the process, the hearing is postponed. At the subsequent non-attendance of the meeting, the person will be subjected to a drive or put on the wanted list, then he will be changed the measure of restraint (does not apply to those who are in custody).

Nevertheless, the law does not deprive the defendant of the opportunity to file a petition on the examination of the case in his absence, but only in cases where the person is accused of a crime of small or medium gravity. However, his right to defense will not be violated.