Professional Procedure

Refusal to grant the right to participate as counsel in a professional case are close relatives of the suspect, accused or their legal representatives may be appealed in court in accordance with Article 60 of the Constitution. " When relatives to petition the court, and there are often engaged in merely "formal replies. Let me give an example of one of the answers Judge: "On your application for admission to participation in the case as counsel for the accused to inform you that you are not a party to the professional trial on charges so by law are not entitled to make motions. Simultaneously announce that if professional proceedings were resolved petition accused the admission you to participate in the proceedings as counsel, and their satisfaction was denied due to the fact that the defendant provided professional counsel. Such motivation is their refusal to judge is, in my opinion, legally null and void, because contrary to the content of Article 43 of the Code of Professional Procedure, which gives defendants the right to have a few defenders and therefore, the judge's refusal does not motivated, and therefore is not based on law. In addition, professional counsel – does not mean qualified or in good faith and does not mean that the defendant trusts him.

But even if defendant does not trust his counsel and his defense does not satisfy, to refuse an imposed counsel defendant can not by law (if accused of particularly serious crime). And as a result of "de jure" defender in court present and the "de facto" no protection from the accused no! According to Article 46 of the cpc body conducting the professional proceedings shall not recommend that anyone was an invitation to a certain lawyer, judge and his decision imposes on the accused "professional" and easy for himself as a defender. Article 44 of the ccp legislator gave a judge the right, even at the stage of the trial, be allowed to participate in professional proceedings a close relative the accused, while the legislator did not give the judge the right to refuse unmotivated citizen in his request for legal assistance.