CC BY
20THE DEFENDER IS AS A PARTICIPANT IN CRIMINAL PROCEDURE
Mirjon Yusupovich Adizov
Tashkent State Law University, Master's degree in Advocacy activity
ABSTRACT
This article discusses the legal basis, procedure,function, shortcomings of the participation of a lawyer in criminal proceedings, its level of development, as well as the specifics of this institution in the legislation of our country and important aspects of the experience of foreign countries.
Keywords: Criminal procedure, lawyer, participants in criminal proceedings, accused, suspect, inquirer
The rule of law is a principle that is directly related to the concepts of people's power and human rights. Because the power of the people means the right of citizens to participate directly or indirectly in the decision-making process. In this sense, laws that are the expression of the will of the people, passed by citizens through elected representatives in parliament or by direct referendum, are the result of popular power, figuratively speaking, the fruit. Human rights and freedoms are enshrined in law, in fact, the ultimate goal of laws is to protect man, his rights and freedoms.1 It should be noted that there is no internationally agreed statement on the specific role of legal aid at the initial stage of criminal proceedings. However, the following principles and guidelines provide information on the use of legal aid by lawyers and the United Nations in criminal proceedings:
- Loyal respect for the interests of their clients, taking into account their age, gender, nationality or ethnicity, mental and physical disability or sexual orientation, and take all necessary measures;
- Striving to ensure that clients know and understand their rights, especially to be the first to be reminded of their constitutional rights;
- Striving to ensure that their clients are treated with respect, their human rights are respected and treated in accordance with the law;
- Provide advice and assistance and, if necessary, create a separate room for their clients and take into account their special needs, any relevant vulnerabilities
- Properly combat any illegal or unfair treatment of customers;
1 Decree of the President of the Republic of Uzbekistan No. 5441 of May 12, 2008 "On measures to radically increase the efficiency of the Bar and expand the independence of lawyers
- Clients should be encouraged to seek legal advice, assistance and representation until the end of the proceedings, including any appeals.
In carrying out the task described above, legal aid should take measures, which are common in chronological order. Because this may be appropriate to the intended purpose, it may be used as a guide instead of a strict agenda or as early as possible, depending on the type of early access scheme, legal and organizational restrictions applicable in a particular country and legal assistance will be involved in the provider
3
organization.
As for the right to direct protection, the right to protection is central to the system of guarantees of individual rights in criminal proceedings. This right serves not only as a guarantee of the rights and legitimate interests of the individual, but also as a legal condition for the realization of the interests of justice. The right to protection is an independent social and legal blessing. The right of the suspect and the accused to protection arises from the norms of the Constitution of the Republic of Uzbekistan, which guarantees the right of every person to freedom and personal inviolability. In particular, Article 116 of the Constitution of the Republic of Uzbekistan states: "The accused shall be provided with the right to defense. The right to qualified legal assistance is guaranteed at any stage of the investigation and court proceedings. Advocacy provides legal assistance to citizens, businesses, institutions and organizations. The organization and procedure of the Bar shall be determined by law ".
The Constitution of the Republic of Uzbekistan not only proclaims the right to protection of persons prosecuted, but also emphasizes the guarantee of this right. The institute of protection in criminal proceedings is a set of rights granted to the suspect, accused and defendant, which allows them to participate in the proceedings as a party, to deny the accusation or suspicion against them, to prove that they are not involved in the crime, serves to achieve relief. According to the CPC, the right of the suspect and the accused to be protected consists of the following rules: must fulfill its obligations to create conditions for him to exercise his constitutional right to protection.4
In some European countries, such as Belgium, France and Scotland, the right to early access to a lawyer arose in 2010 as a result of a European Court ruling, while in many Latin American countries the suspects were in police custody and in Argentina a lawyer. while in Colombia and Peru, including in Colombia and Peru, it is mandatory to
2 For the standards adopted for the purpose of the police station accreditation scheme in England and Wales, see Solicitors Regulation Authority, "Standards of competence for the accreditation of solicitors and representatives advising at the police station". Available from www.sra.org.uk/solicitors/accreditation/police-station-representatives-accreditation.page.
3 Early access to legal aid in criminal justice processes: a handbook for policymakers and practitioners, © United Nations, February 2014. All rights reserved, worldwide.
4Advocacy in the Republic of Uzbekistan: textbook / MH Rustambayev, UA Tukhasheva; Ministry of Justice of the Republic of Uzbekistan Tashkent State Law Institute. - Tashkent: National Society of Philosophers of Uzbekistan Publishing House, 2012 - 384 pages. THE United Nations Office on Drugs and Crime, Access to Legal Aid in Criminal Justice Systems in Africa: Survey Report (Vienna, 2011), p. 21.
have a lawyer during interrogations by the police or by prosecutors, as in Mexico. 5
In this regard, we consider it appropriate to give more powers to lawyers in criminal proceedings, and in particular to create a process of litigation, and this would be strengthened by the authority of lawyers, which is reflected in the Constitution, which is our main concept.
REFERENCES
1. Decree of the President of the Republic of Uzbekistan No. 5441 of May 12, 2008 "On measures to radically increase the efficiency of the Bar and expand the independence of lawyers"
2. For the standards adopted for the purpose of the police station accreditation scheme in England and Wales, see Solicitors Regulation Authority, "Standards of competence for the accreditation of solicitors and representatives advising at the police station". Available from www.sra.org.uk/solicitors/accreditation/police-station-representatives-accreditation.page.
3. Early access to legal aid in criminal justice processes: a handbook for policymakers and practitioners, © United Nations, February 2014. All rights reserved, worldwide.
4. Advocacy in the Republic of Uzbekistan: textbook / MH Rustambayev, UA Tukhasheva; Ministry of Justice of the Republic of Uzbekistan Tashkent State Law Institute. - Tashkent: National Society of Philosophers of Uzbekistan Publishing House, 2012 - 384 pages. THE United Nations Office on Drugs and Crime, Access to Legal Aid in Criminal Justice Systems in Africa: Survey Report (Vienna, 2011), p. 21.
5 3United Nations Office on Drugs and Crime, Access to Legal Aid in Criminal Justice Systems in Africa: Survey Report (Vienna, 2011), p. 21.
