Representation of the interests of the victim during the consideration of a case of an administrative offense, the rights and obligations of the victim, civil plaintiff, civil defendant in criminal proceedings
General provisions
✔ Representation of the interests of the victim during the consideration of a case of an administrative offense, the rights and obligations of the victim, civil plaintiff, civil defendant in criminal proceedings ensures qualified legal assistance, protection of rights and interests, and also increases the chances of a fair resolution of the case.
✔ Lawyer plays an important role in protecting the rights and interests of his client in such cases.
✔ To participate in administrative and criminal proceedings, a lawyer must have the appropriate authority, confirmed by power of attorney.
✔ The representative is obliged to comply with the Rules of Lawyer Ethics and store confidentiality of informationreceived from the principal.
Key aspects of a lawyer's work
1️⃣ Careful study and analysis all case materials to identify violations and errors.
2️⃣ Determining the optimal strategy protection of the rights and interests of the victim.
3️⃣ Preparation and assembly petitions, complaints, statements and other necessary documents.
4️⃣ Collection and presentation of evidence, which confirm the position of the victim.
5️⃣ Active participation in court hearings, representing the interests of the victim.
Participation of a lawyer in an administrative offense case
✅ The participation of the victim's lawyer in an administrative offense case is an important factor for ensuring justice and protection of the rights of the victim.
✅ The lawyer explains to the victim his rights and obligations, helps to understand complex legal issues.
✅ In addition, the lawyer has the right:
- to get acquainted with all the case materials, make extracts and copies;
- take participation in the case about an administrative offense;
- to give an explanation, to present evidence;
- claim petition (for example, summoning witnesses, ordering an examination);
- to appeal the decision in a case of an administrative offense, if it violates the rights of the victim.
✅ The main goal of a lawyer – assistance to the victim in protection of his rights and recovery of material and moral damages from the offendercaused by an administrative offense.
Representation of the interests of the victim, civil plaintiff and civil defendant in criminal proceedings
✔ The lawyer plays a key role in ensuring rights and legitimate interests your principal.
✔ The main tasks of a lawyer:
- helps to collect evidence, confirming the fact of the crime and the amount of damage;
- declares civil suit about compensation for damage;
- participates in investigative actions, court hearings;
- represents evidence, declares petition, is appealing the decision.
Representative of the victim and civil plaintiff
✔ Its main goal is to ensure that the culprit was brought to justice, and the damage caused was compensated.
Civil defendant's representative
✔ Protects the interests of the civil defendant from unfounded demands about compensation for damage.
✔ The main tasks of the civil defendant's representative:
1️⃣ Helps to check the validity of the victim's claims and challenges themif they do not correspond to the law or the factual circumstances of the case.
2️⃣ Helps assess the real extent of the damagecaused by a crime, and challenges excessive demands the victim.
3️⃣ Helps to collect evidence, which confirm lack of guilt civil defendant or reduce the amount of his liability.
4️⃣ Represents interests of a civil defendant in court, participates in court hearings, asks a question witnesses and experts, presents evidence and arguments.
5️⃣ Helps achieve mitigation of liability civil defendant if his guilt is proven.
Conclusion
📌 So, the lawyer provides to the civil defendant protection of his rights and interests in a criminal trial, helps minimize the amount of losses, subject to reimbursement, and to avoid unjustified prosecution.
