Asmat S.M. – Masters student of 1^st course

Scientific leader: PhD, associate professor Nurmaganbet E.T.

Law faculty, al-Farabi KazNU

Provision of qualified legal aid defence counsel to the suspect and accused persons

The Lawyer renders different legal services in the proffesional activity. By the Criminal Procedure Code, every person qualified for legal assistance and equal opportunities. In this case, the legal aid’s content covers a large range of activities, including the definition of the preliminary investigation, the judiciary and legal representation and protection of individuals. The presence of a lawyer in criminal proceedings against a lawyer is one of the most important of which is mainly the accused (suspect) to carry out enforcement actions.

Protection - a sense of a crime to ensure the rights and interests of the people, make it easier to issue or deny the charges, as well as the rehabilitation of the criminal prosecution of persons involved in illegal activities carried out by a party for the purpose of enforcement proceedings. Party to protect the suspect, the accused, their legal representatives, representatives of the civil defendant and his lawyer [1].

In each stage of the criminal process the accused is needed an assistance to protect, without the accused to the evidence of his innocence, white, pretty prosecution rebuttal unable to determine responsibility or mitigating circumstances. Protection consists of the suspect accused of their lawful representatives, lawyers, civil defenders and their representatives.

In accordance with the procedure established by law to protect the rights and interests of suspects and defendants and they are engaged in providing legal assistance to people.

Investigation, inquiry report in compliance with the related question of committing a crime in accordance with the procedure established by the Criminal Procedure Code and the criminal case against him, or never implemented, and charges to be recognized as a measure of restraint applied people suspect.

Accused him as a man or a decision not to prosecute a criminal case against him in respect of the individual person, as well as the minutes of the head of the body to determine the charges against him are compiled and approved by the people.

The law defines the parties' can be sent as an advocate.

Which include:

a) lawyers, lawyers himself a member of the Bar;

b) husband (wife);

c) close relatives and legal representatives;

g) for members of the associations of trade unions and other public associations, by their representatives, as a defender of the evidence of the authority of the relevant documents (decision or protocol, power of attorney) provides.

Criminal procedural legislation of the Republic of Kazakhstan (paragraph 2 of Article 70 of the Code of Criminal Procedure) as a defense, if it is required by the relevant international agreement with the government of the Republic of Kazakhstan on the basis of reciprocity, in accordance with the procedure established by the legislation allowed the participation of foreign lawyers as lawyers [2].

Advocates (lawyers) sent to participate in the adoption of a measure of restraint, when the person accused or arrested, accused of, or recognized as a defendant. One man, one of the two suspect accused have interests that conflict with the interests of the other, can not be the same for both the defense. Be carried out by professional criminal defense lawyers. By declaring the right to qualified legal assistance, freedoms and legitimate interests of all citizens by the Constitution of the Republic of Kazakhstan with the right to the protection of professional, criminal prosecution, including consolidating the principle of ensuring the right to protection (Article 28 of the Code of Criminal Procedure). Carried out to identify the person in accordance with these regulations, investigator, prosecutor, citizens in each of the court is obliged to provide the possibility of the implementation of its kuqığın. Direct or indirect restriction of rights or social origin, official or property status, sex, race, nationality, language, religious approach, beliefs, place of residence motivated or in any other circumstances in other preferred punishable by law.

Of the Code of Criminal Procedure of the criminal process identified with the personality of the right to qualified legal assistance. They protected the rights and interests during the criminal proceedings, expressed or powers (the suspect, defendant, victim, private prosecutor, civil plaintiff, civil defendant, witness).

Meanwhile, professional protection of pluralism should be borne in mind is the protection of the criminal case. To protect all of the signs (of the Criminal Procedure Code Article 19, paragraph 7), however, as well as the Republic of Kazakhstan “On advocacy” will meet with a lawyer depends on the legal status regulated by the Law. The rules of professional conduct for a lawyer, attorney, warranties, advocacy secret, advoqattar disciplinary responsibility of the members of the jury, etc. .

Therefore, a professional defense lawyer qualified to provide legal assistance in criminal procedural legislation focused only on the basis of a set of tools and methods of carrying out the work, which is an integral part of the accused, the protection of the rights and interests of the suspect, illegal or deny guilt of the person subject to criminal prosecution and to facilitate the is to provide an excuse.

Professional advocate (lawyer) as well as the need to use the assistance of the court case because of the complexity of the procedure and many of the legal issues that may arise in the course of the criminal procedure is irreversible legal consequences.

This fundamental constitutional principle of justice in the implementation of practices can be considered a gross violation of the rules of criminal procedure. Any decision made by the state bodies and officials of the parties to the facts, if they are accused (suspect) involve limiting the rights of the defense forces.

No sufficient evidence of the criminal responsibility of a citizen of the state and society are interested in tried and tartılmawına. The state, acting as a constitutional guarantee of the right of defense, counsel for the substantial rights, including the guarantee of legal services, including the preliminary investigation agencies and the courts to determine the criminal lawyer sent no later than the date on which the person to participate in the apprehension for the entire period of detention sent to give written evidence; to identify the bodies of the preliminary investigation procedure in cases stipulated by law, the date of its investigation and agreed with the defense lawyer that the lawyer is obliged to notify the other of the need to participate in the proceedings, etc.

Lawyer carries out its activities as a member of the Bar. A key figure in the above assisted by a lawyer that he is not the only person with him. However, the same lawyer legal knowledge, professional experience (of the suspect) is the most qualified to help. Legal aid lawyers tasks entrusted by the state attorney and the defense is a professional duty. There is no legal right to refuse to comply with the commitments it has undertaken to protect. Defense lawyer for professional services is the implementation of the [3, 88 p.].

However, to participate in accordance with the law of criminal procedure, a defendant is sent to the other category. December 6, 2002, the Supreme Court of the Republic of Kazakhstan N26 “on the practical application of the criminal procedural law governing the right to defense" by the Normative professional lawyer or specific knowledge of the law and the right to defense specific cases where it is able to provide qualified legal assistance by the defendant and other persons admitted as an advocate - suspected culprit, the defendant's wife, close relatives or legal representatives, trade unions and other public organizations will be conducted with the participation of representatives for the first time approved the principle. The investigating authorities and the courts to determine the identification of the suspect, the defendant, the defendant, who was sentenced to select a lawyer to represent the interests of the defendant is not able to discuss the issue in which the involvement of a professional lawyer. In this case, the suspected culprit, the defendant's wife, close relatives or relatives or legal representatives, trade unions and other non-governmental organizations can participate with a lawyer. This brought to criminal liability in respect to a full, comprehensive and objective investigation, and contributes to the solution of the case. Lawyer - not only in the protection of any person involved in a court case as well as to ensure the legitimate rights and interests of independent assurance, so a lawyer in the criminal proceedings qataswı all the time, will contribute to the effective protection of the right of every citizen of the Republic of Kazakhstan”.

Providing legal assistance to the accused, a lawyer in criminal proceedings miñdetterin help you. It advocates (attorneys) to its participation in the investigation or consideration of serious violations of the law is explained by the fact that [4, 70 p.].

At all stages of the criminal case against the accused (suspects) and provides an extensive set of rights guaranteed by the law to protect their standards and an essential condition for the criminal. trial rules, in particular, the prosecution and the defense for strict adherence to the principles of equality of the parties to the competitor and the circumstances of the case, comprehensive, complete and objective research.

Law protection given to the accused in a criminal defense lawyer is obliged to participate in the study; a situation that prevents the ability of defense counsel; call the procedure for the appointment and replacement of defense; proceedings of the defense case, the need to consider the rights and obligations of happens.

The law provides for the defense of a criminal case on the basis of participation in the objectives of the next.

First, a study of the suspect (the accused) is a request to seek a lawyer. Institute mandatory participation in the defense of its presence, first of all, the suspect (the accused) and considers the agreement of their own.

In this case, no suspects (the accused) does not offer a way of protecting. The suspect (accused) have chosen to interfere with the right to use the assistance of a defense is a serious violation of the procedural legislation. Any reason chosen to participate in the protection of absence (vacation, business trip, illness, etc.) carried out to identify the person, the investigator, the prosecutor, the suspect (the accused) has the right to invite another defense counsel or advice provided by the law.

The process leading body of the suspect (the accused) has no right to ignore the request to seek a lawyer. His defense is a critical stage. Most importantly, the necessary legal aid to the accused, and this, in turn, investigation and sotin ayptalwşını mindeiteydi to provide counsel.

Secondly, if the suspect or the accused reached the age of majority, the participation of the defense. Under the age of eighteen at the time of the crime, as well as to several criminal charges, one under eighteen years of age of the person is a minor.

In the case of crimes committed by minors, the protection of minors from the moment of the suspect or the accused was interrogated for the first time, and in the case of arrest or detention until charges are presented to sent or from the arrested.

Only one case has an obligation to the defense. It is the task of guarding [4, 102 p.]. Necessary for the implementation of the process with the protection and defense of the accused, and the government wants. Criminal proceedings for the ability of government agencies to the performance of its duties, the defense should take all the measures. A lawyer who has accepted the suspect, accused or defendant is not entitled to protection, this is due to the professional nature of its activities. The refusal shall be allowed only in exceptional cases (illness or other objective reasons). A procedural violation of the duties of a lawyer Law “About Lawyers activities” and shall be subject to disciplinary action in accordance with the Charter of the Bar.

The subject of the criminal case has been conducting personal protection. In addition, he was accused (suspect) in close relations.

A lawyer for the successful implementation of large-scale protection of procedural rights. And since it was sent to participate in the qakılı the implementation of the following:

1) the number and duration of the suspect and accused their limited access to private and confidential;

2) the necessary things for the provision of legal assistance, and to collect and present the details of the documents;

3) When the accused to participate in the interrogation of suspects or accused, and also carried out at the request of their participation or other investigative actions, as well as to participate in the investigation carried out at the request of the defense of their actions;

4) express objections;

5) protocol of detention, the resolution on the use of preventive measures, the suspect, or the minutes of its investigations involving the defense of the accused, suspects and the accused should have been submitted to the üsınılğan documents, or after the completion of the preliminary investigation to determine all acquainted with the materials of the case, and any information amount to be downloaded;

6) the publication of the application (the applicant, the applicant is a party or application to the body conducting the criminal proceedings);

7) In any case in the court of pre-listen and participate in judicial proceedings, court pleadings, to the new circumstances of the case, to take part in the hearings in the court during the update;

8) the record of the court session and to make a reservation;

9) IC to obtain copies of the documents;

10) the party to oppose the illegal actions of the criminal case and the driver of the procedural objections to the documents required to implement (the illegal actions of the authorities conducting the criminal proceedings are the following:

- Article 33 of the Criminal Procedure Code, Article 34, Part 1, Article 2 parts except in cases specified in the Application of the private prosecutor in the cases of crimes and the prosecution of a criminal case;

The same charges and the same refusal to institute a criminal case against a person who is not broken in the case of a resolution of the criminal case;

- The case of the prosecution authorities' decision to terminate the criminal case is not broken, as well as that of the same charges and criminal prosecution of the same person can not be established by the entry into force of the court order or judgment, having criminal prosecution;

The lack of an offense is a crime of the event or action, refused to prosecution by the prosecutor and the private prosecutor, private prosecutor refused to be critical in the case of private prosecution (Article 33 of the Criminal Procedure Code, except in cases provided for in Part 2) of the Criminal Code of 69.75, take into account the term of the criminal liability provided for in Articles 85 and stop in this case on the basis of the Agreement, in the cases referred to in Article 67 of the Criminal Code of the victim and the accused, the friends of the suspect, to eliminate criminal liability for the actions committed by a person the adoption of a new criminal law, that the release of the act of amnesty from punishment and in this case on the basis of the termination of the agreement, after determination of the facts, confirming the adoption of the act of amnesty to the implementation of the criminal prosecution[5,112].

References:

1 «About Lawyers activity» Law of the Republic of Kazakhstan from 5^th December 1995, № 195-1.

2 Constitution of the Republic of Kazakhstan. Almaty: «Zhety zhargy» 2012.

3 Smirnova E. M. Legal profession/manual. - SPb.: Publishing house Mikhaylov V.A. 2002 - 240 p.

4 Suleymenova G. Zh., Voronina of L.V. Advocacy and lawyer activity in the Republic of Kazakhstan. Studies. grant. - Almaty: Al, 2002 – 190 p.

5 Tynybekov of S. T. Advocacy and lawyer activity in RK. - Almaty: Daneker, 2001 – 210 p.