Some Aspects of Violation of the Right to Defender's Assistance in Judicial Proceedings by an Accused

The article examines the main violations of the right of the accused to use the assistance of a defense attorney, committed during the consideration of criminal cases in court. The author analyzes groups of violations related to the consideration of the case without the participation of a defense attorney, with the improper behavior of the defense attorney during the process, with the contradiction of his position to the interests of the defendant, which entail the unconditional cancellation of sentences, and focuses on the methods of responding to these violations by the judge. Based on the above, the author formulates a number of recommendations for judges aimed at the timely detection and elimination of these violations.

Authors

Publication Details

Journal
Advocate’s practice
Published
2024-10-24
DOI
https://doi.org/10.18572/1999-4826-2024-4-36-41
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Some Aspects of Violation of the Right to Defender's Assistance in Judicial Proceedings by an Accused

Natalya V. Romanenko
Advocate’s practice
European and International Law Studies
article

Some Aspects of Violation of the Right to Defender's Assistance in Judicial Proceedings by an Accused

Natalya V. Romanenko
article en

Abstract

The article examines the main violations of the right of the accused to use the assistance of a defense attorney, committed during the consideration of criminal cases in court. The author analyzes groups of violations related to the consideration of the case without the participation of a defense attorney, with the improper behavior of the defense attorney during the process, with the contradiction of his position to the interests of the defendant, which entail the unconditional cancellation of sentences, and focuses on the methods of responding to these violations by the judge. Based on the above, the author formulates a number of recommendations for judges aimed at the timely detection and elimination of these violations.

Advocate’s practice
Openalex Percentile: Top 62%
European and International Law Studies
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