Advocacy and notary office. Participation of the defense lawyer at the stage of execution of the sentence (the most important)

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Advocacy and notary office. Participation of the defense lawyer at the stage of execution of the sentence (the most important)

Lecture notes, cheat sheets

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12. Participation of defense counsel at the stage of execution of the sentence

The Constitution of the Russian Federation establishes that a detainee, taken into custody, accused of committing a crime has the right to use the assistance of a lawyer (defender) from the moment of detention, detention or charge (Article 48). According to paragraph 8 of Art. 12 of the Criminal Executive Code of the Russian Federation (PEC RF), in order to receive legal assistance, convicts can use the services of lawyers, as well as other persons entitled to provide such assistance.

Legal assistance to convicts, as a rule, is provided by lawyers, but it can also be provided by other persons entitled to such assistance: representatives of the trade union (trade union) or other public organization in which the convict was a member, close relatives, legal representatives, guardians of the convict.

In accordance with Art. 15 of the Penal Code of the Russian Federation, convicts can send proposals, statements, petitions and complaints, stated in oral and written forms, in the administration of institutions and bodies executing punishments.

Bodies and officials to whom proposals, applications and complaints of convicts are sent must consider them within the time limits established by the legislation of the Russian Federation and bring the decisions made to the attention of convicts.

In accordance with paragraph. "in" Article. 89 of the Constitution of the Russian Federation, the right to pardon is vested in the President of the Russian Federation, who has the right to issue appropriate decrees.

A pardon is a mitigation of the punishment of a convicted person. For the first time in the history of Russian legislation, the Criminal Code of the Russian Federation (Article 85) regulates types of mitigation of the fate of a convicted person, which are possible by an act of pardon.

The Criminal Procedure Code of the Russian Federation establishes a general rule: issues related to the execution of a sentence are considered by the court on the proposal of the institution or body executing the sentence. At the same time, in some cases, the convict himself can take the initiative.

The convicted person participating in the court session and the defense counsel have the right to get acquainted with the materials submitted to the court, participate in their consideration, file motions and challenges, give explanations, submit documents, i.e. they enjoy all the rights of a party to the trial.

The ruling may be appealed on general grounds. The right to appeal a judge's decision belongs to convicted person, who filed the petition, his defender, who can send cassation appeals, or the prosecutor, who has the right to send a cassation presentation. The deadline for filing a complaint or submission against a court decision is determined by Art. 356 of the Code of Criminal Procedure of the Russian Federation and amounts to 10 days from the date of the decree. If the convict wishing to appeal against the decision is in custody, this period shall be calculated from the moment of handing him a copy of the decision.

Authors: Nevskaya M.A., Shalagina M.A.

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