THE WORK OF AN ADVOCATE
1. The institution of legal defense was created in our country in 1864.
2. They are to protect the rights and lawful interests of citizens and
organizations, to maintain justice, to observe and strengthen legality.
3. The principal task of the Bar is to grant legal assistance to citizens
and organizations.
4. The Bar is a self-governing organization, which brings together the
advocates.
5. It is independent of bodies of investigation, prosecutor's offices, the
courts and bodies of authority and management.
6. Constitutional right to a defense is guaranteed to everyone in Russia.
7. Our constitution states: "The defendant in a criminal action shall be
guaranteed the right to legal aid. No one may be adjudged guilty of a
crime and subjected to punishment as a criminal except by the sentence of
a court in conformity with the law”.
8. After the accusation always follows a defense.
9. The role of a defense counsel in criminal proceedings is of special
importance.
10. His duties are defined as follows: The defense counsel is obliged to
make use of alt the ways and means of defense indicated in the law for
the purpose of bringing to light the circumstances exonerating the
accused or mitigating his responsibility, and to render all the necessary
legal aid to the accused.
11. So the duty of the advocate is to help to exonerate the accused.
12. If an advocate is able to make a careful and skilful analysis of
evidence he can refute the arguments of the prosecution and establish the
innocence of the accused.
13. But the advocate is not obliged to prove the defendant's innocence.
14. Serious disputes often arise between the prosecution and the defense
where all arguments and circumstances of the case are brought out in an
effort to come to a just judgement.
15. The advocate also plays an especially important role in passing
sentences.
16. In the court procedure the advocate helps to establish the truth.
17. He files petitions to examine the evidence, calls new witnesses,
introduces documents and certificates, states and defends his opinion.
18. If he introduces arguments that mitigate the guilt of the defendant he
helps the court pass the correct judgement.
19. If in advocate's opinion a sentence handed down by the court is heavy
he has the right to appeal the sentence in a higher court.
20. A significant part of the advocate's time is spent in drawing up
appeals.
21. He gets moral satisfaction when his appeal is redressed.
22. The advocate who is convinced of the innocence of his client must fight
to the end for the truth.
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