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Download "Как работает адвокат по уголовному делу"

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адвокат по уголовным делам
адвокат
юрист
что делает адвокат
как работает адвокат
адвокат с клиентом
адвокат Олешко
адвокат Данила Олешко
данила олешко
адвокат в спб
адвокат на допросе
ходатайства и жалобы
обжалование приговора
обжалование действия
адвокат допрос
адвокат следователь
предварительное следствие
обыск
дача объяснений
полиция
ск
суд
как зарабатывает адвокат
уголовное дело
хороший адвокат
лучший
защита
что делает адвокат в суде
очная ставка
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00:00:00
how a lawyer works in a criminal case, what
00:00:02
his work consists of, what
00:00:05
he gets paid for, we will analyze the whole path
00:00:08
from the first meeting and to the Supreme Court,
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let's go
00:00:12
[music]
00:00:16
first appeal
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call message letter so the client
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outlines the problem the
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lawyer must understand from the information received is
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competent does he specialize in this matter, does
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he specialize in the required
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area of ​​law, do you need to postpone the meeting
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or is it better to immediately redirect the person to
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another specialist?
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It happens that the person calls
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not at all on a legal issue and you
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just need to tell him where it is better to contact
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if the lawyer understands that the person
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needs legal help and the lawyer
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understands this issue, then a
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meeting is scheduled, the first meeting is an
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exact consultation, of course, it happens and so there is
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no opportunity to visit the lawyer
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in person, then you will have to talk remotely,
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this is not very convenient and there is not always
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confidence in the confidentiality of the conversation, my
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personal belief is that in a criminal case, a
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personal meeting is the best option,
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including for the client, since it is still
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necessary to get to
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know each other to understand the comfort, I
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will work together for you; an initial
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consultation by telephone or video mode
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is suitable only if face-to-face meetings are
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completely impossible; a subsequent
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consultation after the first acquaintance
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can already be carried out remotely, also in the
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case when a person is in an
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isolation ward and his interests two cats
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came from relatives or close people; relatives do not
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always
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have full information about what happened
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and what the circumstances of the case are, so in the
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future, if a
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blockade agreement is concluded, be sure to visit the
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principal who is in the season; by the way,
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all conversations with a lawyer, correspondence, even the
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very fact of the appeal for help are protected
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from Akkadian secrecy, the lawyer has
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no right to disclose this information to anyone without your consent;
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it is possible that your question
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will require additional time
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to study the documents and
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one or more meetings will be required before the
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lawyer enters into the matter of concluding an
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agreement if you have discussed all the details, you are
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satisfied with everything and the lawyer ready
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to get to work, then
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an agreement is concluded, this is a contract for the provision of
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legal assistance between the client, the
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principal and the lawyer, it
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indicates all the basic information
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what work on what case the lawyer
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will perform, payment procedure, and so
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on, the agreement is also protected by
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attorney-client privilege, no one has the right to
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require you to provide or
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shows the agreement the payment
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is officially paid to the cash desk from the Lak
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education, immediately answering the question about
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installments of hourly daily or
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monthly payment, I will say that the most
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common method of payment in a
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criminal case is one hundred percent payment
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before the start of work and this is not a matter of
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greed and showers of great lq simply
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so, according to the law, there are fewer problems; fees in a
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criminal case cannot be paid, as they
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say, according to the result; this is prohibited by
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law;
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hourly payment will be difficult to verify; the
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client will always get the
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impression that the lawyer deliberately
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works long hours; monthly payment can also
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lead to misunderstanding; for example, a
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lawyer may work from dawn for the first two weeks
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until sunset,
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and another month may pass without a
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single tear from the action itself, and in
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the future, the client may also
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get the impression that the case is being
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dragged out for an unacceptably long time and
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will rush the lawyer,
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while quite often in criminal cases it
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happens that time works in his own
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interests but nevertheless, both hourly and
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daily not monthly payments are quite
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often found in practice, and that is,
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often the client has a question about the
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guarantees when defending a case: there are
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no guarantees and there cannot be any; moreover, the
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lawyer is directly prohibited from guaranteeing
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any results; here arises the
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next question is why pay a lawyer
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money if there is no confidence that the
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desired result will occur; it really
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may not happen; here you need to understand
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the following: the lawyer does not make court
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decisions; he is not able to take and make a
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decision on the release of a person;
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it can happen that he did everything as
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much as possible for his
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client but this never improved his
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situation, but at the same time, it can and
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will work out even in the most hopeless at
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first glance situations,
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stunning victories happen, this cannot be
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predicted in advance, I would compare
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advocacy with medicine, you
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can take all possible methods of
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treatment, give the most effective medicine,
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but this can help patients, or can you
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help, is it really necessary to refuse treatment on this basis,
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and in defense
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in a criminal case, the
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arguments of the lawyer who presents the
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court to the prosecutor, the investigator, can
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be heard, or can be
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ignored;
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you need to decide
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whether you are ready to just take it and
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do nothing or whether you still need to use
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every chance to protect yourself, and so
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a meeting took place with the lawyer, he listened to you,
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understood the essence of the problem, roughly
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outlined the plan for the upcoming work and you
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entered into an agreement,
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then the lawyer enters into the matter of
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dependence depending on the stage at which the
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lawyer’s case is, there will be a different
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amount of work. Basically, we identify
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two stages for ourselves: this is the preliminary
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investigation and the court, we also conduct verification, which
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can be carried out before the initiation of a
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criminal case;
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interrogation as a
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witness, also when resolving the issue
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of choosing a preventive measure, and so on,
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it may be necessary to appeal against the actions of
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officials or court decisions, and
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much more, let's take it in order, the very
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first and most important thing that a lawyer does when
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entering into a case is to familiarize himself with the
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maximum number of materials available on the
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case why exactly accessible
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because punish by the way the criminal
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process the lawyer has access to
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different volumes of material at the
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verification stage took practically nothing to
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see after the initiation of the criminal case
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until the end of its investigation a little
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more the lawyer has the right to get acquainted with the
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arrest report with the decision on the
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application of a preventive measure
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investigative reports actions
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that were carried out with the participation of
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warming up him and the accused with other
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documents that were presented or
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should have been presented to him, but the same
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protocols of interrogation of witnesses cannot be seen
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according to the law; a
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lawyer can learn the entire criminal case only after the
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end of the preliminary investigation in
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accordance with Article 217, while in general only
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after After studying the materials, an
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objective picture will become known because
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in the vast majority of cases people
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have an erroneous or incomplete
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idea of ​​​​what is happening in the case
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or, due to the lack of necessary
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education and experience, they are unable to correctly
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convey all kinds of advice from a lawyer, for
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example, the parents of a guy come to Kata
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and say that their son was detained
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for some kind of computer crime and
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it seemed like there was nothing wrong, but upon
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gaining access to the materials and
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studying the first official
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document, it becomes clear that he is
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accused of selling prohibited substances on an
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especially large scale, where punishment
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up to life imprisonment was
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simply carried out using a
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computer in on the Internet,
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the difference is more than significant,
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but the parents made the conclusion about a computer crime
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because during the search of
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the home, only a computer was confiscated and
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the information was not conveyed to them,
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maybe somewhere under the influence of stress
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they heard something wrong, they misunderstood
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and there were no documents received in general,
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as they say in the movies, information is the
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most valuable resource; participation at the
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verification stage, as a rule, before initiating a
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criminal case, an inspection is carried out in
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accordance with Article 144 of the Code of Criminal Procedure;
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the most common action that a
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lawyer has to work with is this
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giving by the client an explanation, many do not
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know, unlike interrogation, giving
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an explanation
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they cannot bind this voluntary action with a summons, but here you need to
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assess whether it is worth ignoring the summons or
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whether you need to prepare and give evidence
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and at the same time what is called going for
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reconnaissance,
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try to find out as much
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information as possible, even from the very posing of the
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questions you can find out what claims are made against you
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and what information they have
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people asking a question, the tasks of the lawyer
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before the Riyad begins to testify,
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point out the weak points of his position,
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clarify the most significant details,
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work out the maximum number of
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sharp corners and uncomfortable questions, it is very
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important during this period for the person not to be left
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alone, since based on the results of his
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explanation, all questions may disappear and a decision is
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made a decision to refuse to
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initiate a case, and vice versa, a
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criminal case can be initiated, and so it
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can happen instantly during a
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criminal case and a person can be
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detained; in order to correctly assess the
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current situation, you need the help of a
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professional lawyer who
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acts specifically in your interests and who
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will help you make a decision what give
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evidence, to what extent is it better to give it and is it
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worth giving it at all? After all, it is not a rare
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case when a person, finding himself in such a
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stressful situation without support,
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begins to say things that he
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would never say in a state
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of calm, or information is only given out that is unfavorable to him,
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which has not been given to anyone before it was
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known and in the future this will bring
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many problems and also under
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stress, the person always gives me
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reliable testimony, if according to the
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results of the check,
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signs of a crime are found, then a
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criminal case will be opened, such a
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stage of the criminal process as a
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preliminary investigation
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or inquiry will begin, if a brief inquiry is
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carried out in most cases of
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minor gravity and a preliminary
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investigation of moderate gravity, serious and
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especially serious crimes
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than a lawyer will need to work
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during the investigation of a criminal case,
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as we said, familiarization with
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materials over the course of a day, then discussion with a
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trustee of options for the development of events
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when choosing a particular position,
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approval of a plan of tactics and
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defense strategy period conducting a
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preliminary investigation, probably the
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most important thing a lawyer works with is
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interrogation,
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strictly speaking, the explanation that we
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said earlier is not evidence in a
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criminal case, but only one of the reasons
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for initiating it, but interrogation is
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evidence, and one of the most
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important evidence shown during interrogation
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should be clearly verified and not contain
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unnecessary information, also before
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the client testifies, the lawyer must
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point out the weak points of the opposition,
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work out uncomfortable questions on the island and we are
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not talking about a deliberate distortion of
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the truth, no, you need to understand that the
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same event can be presented and recorded in
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completely different ways and not to
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take seriously how
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your readings will be recorded; the protocol is a big
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mistake,
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as well as constantly changing the readings, the
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same mistake
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can be supplemented and clarified an
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infinite number of times, but I do
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n’t recommend changing the score; as a rule, it does
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not bring a positive result;
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the version will be accepted as the basis which
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confirms the guilt of the suspect and
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everything that justifies him, if
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he previously admitted guilt, will be
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regarded critically, in principle,
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the most important tool for protecting the
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suspect or his is his testimony,
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everything else is secondary, therefore, the interrogation
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must be treated very responsibly if there is a
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lack of information about what
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evidence is best to give very
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brief testimony or not to give it at all
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until clarity appears,
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confrontation is a form of interrogation when
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two persons are interrogated at once, for example,
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suspects, a witness, then different
00:12:44
testimonies that contradict each
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other, in order to eliminate these
00:12:48
contradictions, the interrogation is invited and the
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witness and at the same time the suspect,
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each of them states his version of
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events, then the investigator asks
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clarifying questions, then the participants in the
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confrontation have the right to ask another question,
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as well as a lawyer, the task of the lawyer is to
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prepare confidentially for the confrontation,
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calculate what questions can be
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asked, draw up a list of questions
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and try to ask them in such a form
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that the investigator does not ask them dismissed and the
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investigator has the right to withdraw the question,
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but at the same time he is still obliged to have his
00:13:21
protocol. In some cases, the lawyer himself
00:13:23
can initiate a confrontation if
00:13:26
this is required by defense tactics. Also, the
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primary question that arises
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immediately after the initiation of a criminal
00:13:32
case is the question of a preventive measure,
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the investigator makes a decision. whether the
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suspect is on recognizance not to leave the place
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or whether it is necessary to detain him their
00:13:43
annotation before the court of my detention
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in custody
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choosing a preventive measure is a separate
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extensive topic that has already been
00:13:49
discussed in one of the previous videos
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if briefly the recognizance not to leave
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is chosen by the investigator, but house
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arrest and detention is collected
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court at the request of the investigator the
00:14:01
justification for taking a person into
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custody includes many factors
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whether he can hide or continue to
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engage in criminal activity
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has been convicted before if he has a permanent
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place of residence primarily influence
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the severity of the crime for serious and especially
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serious it is most likely that the investigator
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will go to court with by petition,
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taking into custody, the task of the lawyer in
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court is to prove that the client can
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choose a more lenient measure of restraint,
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it is necessary to analyze what
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evidence confirms the fact of the
00:14:36
commission of a crime and to exclude from the
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crime, it is necessary to check
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whether procedural
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violations have been committed, including
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during the arrest, to
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provide characterizing material,
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information about the presence of children at work,
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place of residence if he is not
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registered in the city where
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the investigation is underway and he does not have housing, then you must
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try to find someone who could
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provide the same space; you will not
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receive such a person’s notarized
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consent for the principal to live there,
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or interrogate the owner himself in
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court as a witness if
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the court’s decision is not satisfied the principal, then it needs to be
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appealed to a higher order, pointing out
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to the higher-ups in Sudan the violations that
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were committed already when
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the decision was made;
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participation in searches is also a fairly
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broad field of activity for a lawyer;
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here the biggest question is to find out that a
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vacation is taking place and to arrive in
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time for it, and also to get into the premises we are searching,
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because according to the law a search can be
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carried out without the participation of a defense lawyer,
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say in this procedural action there
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can be quite a lot; in short,
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the task of the lawyer is to check the legality of its
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conduct, in principle, for example, for an Omsk
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office you only need an order from
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the investigator, and water searches of a residential
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premises require a court order to
00:15:56
understand in general about it, but because
00:15:59
it there may not be a search such an
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operational-search activity as an
00:16:03
inspection of the premises of buildings and
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structures, this is of great importance
00:16:08
since these different actions of the streets have
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completely different powers, but also the
00:16:14
task of the lawyer includes, name the
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procedural violations committed,
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prevent the uncontrolled movement of
00:16:19
persons around the premises, distinguish between a search of
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the premises and a personal search,
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control so that all seized
00:16:27
items and documents are recorded in the
00:16:29
protocol, obtain all the necessary
00:16:32
documents and, if necessary,
00:16:34
appeal the search itself, you
00:16:36
can also appeal the actions that
00:16:39
could have occurred in violation of the
00:16:40
legislation of the examination
00:16:42
and there are a huge variety of both the
00:16:45
common route of logical
00:16:48
forensic auto technical
00:16:50
accounting examinations and
00:16:52
exotic dendrochronology, humanities or
00:16:55
100 humanities in all areas of
00:16:58
special knowledge, a lawyer, of course,
00:17:01
cannot succeed, and in some complex
00:17:03
examinations it is necessary to involve
00:17:05
specialists because very
00:17:08
simple things are often written in a very complex
00:17:11
language, but quite often
00:17:13
different experts may have different opinions on the same issue
00:17:16
opposite opinion,
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sometimes a Chisora ​​lawyer has to
00:17:20
read multi-page
00:17:22
expert opinions and try to understand at least a little the
00:17:24
essence of what is written;
00:17:26
how an expert makes a conclusion;
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the investigator draws up a list of questions
00:17:31
that need to be answered and
00:17:33
provides the necessary materials and the
00:17:35
case; the main task of the defense attorney is, if
00:17:38
necessary, to put his questions
00:17:40
to the expert to study the conclusions,
00:17:42
the possibility of involving a specialist,
00:17:45
to identify violations that are sometimes
00:17:47
allowed during the examination,
00:17:48
and if this is necessary, file a justified
00:17:52
petition for an
00:17:53
additional or repeated examination,
00:17:55
since we have already started talking and filing petitions, we will
00:17:57
analyze this topic, in fact,
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filing petitions is the main way of
00:18:02
procedural communication with the investigator
00:18:05
or by the court, if
00:18:07
the petition is quite simple, it is a request to perform this
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or that action; the
00:18:12
defense attorney can petition for many things;
00:18:14
she asks certain persons to appoint
00:18:17
an examination to carry out investigative
00:18:19
actions to obtain evidence and
00:18:21
many other things; the
00:18:23
investigators consider the petition
00:18:25
and make one of the following decisions
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to grant the petition refuse
00:18:30
satisfaction or partially punish
00:18:33
if the result of the review is
00:18:35
to build a defense, then the
00:18:37
investigator’s decision must be appealed and we have smoothly
00:18:40
approached the appeal of the actions or
00:18:43
inactions of the investigator in case of
00:18:45
disagreement with the decisions made
00:18:47
with responses to the petition, if
00:18:48
any violations are identified, there is the right to file a
00:18:51
complaint in accordance with the article of the courts 4 for now,
00:18:54
really the boss or the prosecutor’s office
00:18:57
and in accordance with Article 125, for now the court, the
00:19:00
procedure for writing complaints is a rather
00:19:02
voluminous topic, you need to competently and concisely,
00:19:05
the main thing is to be able to point out violations in a timely manner,
00:19:07
and of course, to be able to
00:19:10
identify them and record
00:19:12
timeliness is also an important factor
00:19:14
and the point is not even in order not to be late, and more
00:19:16
often, on the contrary, not to rush
00:19:19
to lay all the cards on the table, you need to
00:19:21
understand where and how best to appeal this
00:19:23
or that action, but also to maintain the
00:19:26
chain of command, complaints should not be submitted
00:19:28
immediately to the highest offices, where they
00:19:31
will not be considered, but will be redirected to the
00:19:33
unit that is responsible for its
00:19:35
consideration, but only now
00:19:38
there is additional time for forwarding; the
00:19:39
actions are appealed step by step in the order of
00:19:42
subordination, first at the district level,
00:19:44
then at the city level; the subject was given at the federal
00:19:47
level; bypassing this order will not work; it will not be possible to
00:19:50
simply qualify the crime in general;
00:19:53
this issue can be raised at any
00:19:55
stage of criminal proceedings, both
00:19:57
during the preliminary investigation and
00:19:59
and in court, the essence of this issue is
00:20:01
that the actions of the suspect
00:20:03
or accused do not always receive the correct
00:20:06
legal assessment,
00:20:07
often a more serious
00:20:10
crime is charged, let’s not complicate things too much
00:20:12
and give an example from textbooks between
00:20:16
two people in love there was a fight as a result of
00:20:18
which a person fell and dropped the phone
00:20:20
after a fight 2 people unnoticed picked up
00:20:23
the phone and left, he was caught and accused of
00:20:26
robbery with violence, yes, he is
00:20:29
guilty, but not of robbery, but of two other
00:20:31
but less serious acts, the reason is not
00:20:34
beatings and theft, theft is the secret theft of
00:20:36
someone else's property,
00:20:38
but robbery and rate and that committing robbery
00:20:41
with violence the attacker immediately
00:20:43
has the intent to openly take possession of
00:20:45
the property through the use of force; here it is
00:20:48
necessary to conduct additional
00:20:50
interrogations and confrontations and prove that the
00:20:52
attacker first had the intent only
00:20:55
to inflict beatings,
00:20:56
and then when he saw the phone,
00:20:59
the intent to secretly steal was born, provided
00:21:02
that the victims and other persons did not notice
00:21:04
the moment stealing a phone, this will be a
00:21:07
separate intent for beatings and a separate
00:21:10
intent for theft, the punishment for this is much
00:21:12
softer than for robbery with
00:21:15
violence, and this is called
00:21:16
retraining after the
00:21:18
investigator decides that comprehensive evidence has been collected in the case,
00:21:20
he
00:21:22
notifies the accused and his defense attorney
00:21:24
about the end of the investigative actions and
00:21:26
provides the opportunity to familiarize yourself
00:21:28
with all the materials of the criminal case;
00:21:31
this is also a very significant period for
00:21:33
the work of a lawyer, since
00:21:35
those documents that were previously not
00:21:37
visible become available, but the criminal case also needs to be
00:21:40
able to read and find errors that
00:21:42
could help in the implementation of the defense;
00:21:44
one volume is about 250 houses are
00:21:48
usually several 2 3 of these dozens
00:21:51
there are even hundreds; familiarizing yourself with the
00:21:53
materials of a criminal case takes
00:21:54
a lot of time; as correctly, a lawyer
00:21:57
makes photocopies of the materials and reads
00:22:00
them in a calm atmosphere, so
00:22:02
he has no
00:22:04
time limits and can
00:22:06
return repeatedly already earlier After reading
00:22:08
the materials, based on the results of familiarization with the
00:22:11
case, the lawyer can file a petition and
00:22:13
declare violations committed, the
00:22:16
ropes can be raised to carry out some
00:22:18
additional investigative actions,
00:22:20
then the case is sent to the prosecutor to
00:22:22
approve the indictment and
00:22:24
send the case to court if they ask
00:22:27
the devil that as a result of it was carried out incompletely and
00:22:29
there are any - other obstacles to
00:22:31
the right of the case to the court, then it transfers the case
00:22:33
back with certain instructions to
00:22:36
eliminate shortcomings. The
00:22:39
defense lawyer can also declare these shortcomings in his petition based on the
00:22:41
results of familiarization with the
00:22:43
case materials or by sending an appeal
00:22:46
directly to the prosecutor, if
00:22:47
the prosecutor decides that he did everything in in order
00:22:49
then they gave him send him to court in general
00:22:52
terms these are the main types of work of a lawyer
00:22:54
at the pre-trial stage I’m sure I
00:22:57
missed something somewhere I didn’t talk about everything but
00:22:59
in my opinion this is the most basic and
00:23:02
the most successful outcome in the process of protecting
00:23:05
the client is if to the lawyer before transferring the
00:23:07
case it is possible to prove in court that there is no
00:23:10
element or event of a crime, or
00:23:12
the principal is not involved in the commission of the crime,
00:23:14
which leads to the termination of
00:23:16
the criminal case. work as a judge also
00:23:19
represents a separate huge
00:23:21
layer of lawyering. Surely
00:23:24
many have heard that in Russia there are
00:23:26
less than one
00:23:28
percent of acquittals, yes this is true
00:23:31
acquittals in our judicial system are
00:23:33
very rare for any lawyer,
00:23:36
receiving an acquittal is a
00:23:38
great success and a significant event, but
00:23:41
the statistics of acquittals did not
00:23:43
include cases that were returned
00:23:45
to the prosecutor and were never returned to court; cases
00:23:48
where there was a reclassification to a less
00:23:50
serious crime; cases where
00:23:53
many crimes were charged and in the end, they were all
00:23:56
eliminated and the verdict was pronounced
00:23:58
in only one case, which were terminated due to the reconciliation of the
00:24:00
parties with active
00:24:03
repentance with the imposition of a court
00:24:05
fine and much more in the
00:24:08
judicial process, the lawyer has the right to
00:24:10
file petitions to examine the
00:24:14
evidence available in the criminal case, to interrogate witnesses,
00:24:17
to invite his witnesses to
00:24:19
provide own evidence,
00:24:21
there are many pitfalls
00:24:24
and features that become
00:24:27
known only with experience; an
00:24:30
elementary example: when
00:24:31
questioning witnesses in court, a lawyer
00:24:35
cannot refer to evidence
00:24:37
that has not been examined by the judge immediately,
00:24:39
such actions will be stopped; in this case, it is
00:24:42
necessary to request an
00:24:44
investigation of this evidence and only
00:24:46
then can you refer to it without having experience in
00:24:48
participating in court hearings, it
00:24:51
will be difficult to understand when it is better to make this or
00:24:53
that motion, what questions
00:24:55
can be asked of a witness, the court will also allow
00:24:58
participation in trials with jurors,
00:25:01
in general, a whole science in court, a lawyer must
00:25:04
be able to competently and concisely apply before the trial the
00:25:07
position of his client in terms of
00:25:09
time, depending on the complexity and
00:25:11
volume of the case, the position of the client, the court can
00:25:14
last from one day to several years; the
00:25:17
next stage is an appeal
00:25:19
against the verdict; if the verdict does not suit
00:25:22
the client, then he is referred to
00:25:24
the higher courts as a lawyer, which also requires the
00:25:27
defender to have certain skills and
00:25:29
the ability to analyze case, find a
00:25:31
violation, point them out to a higher
00:25:34
court, you are up to the Supreme Court, and also know the
00:25:37
rules for conducting a criminal trial
00:25:39
pike perch of higher authorities because
00:25:42
they all differ significantly from each
00:25:44
other, in general, a lot can still be said about
00:25:46
what kind of work a lawyer can do
00:25:49
in a criminal case, but I think that it’s time to
00:25:51
finish the most basic one I have listed
00:25:53
at any of these stages a lawyer can
00:25:55
enter into a criminal case study
00:25:57
the materials and get to work
00:25:59
use the help of professionals if
00:26:02
the video was useful please like and
00:26:03
subscribe bye

Description:

https://www.advokatoleshko.ru/ Что делает адвокат по уголовному делу. Из чего складывается его работа? За что он получает деньги? Разберем весь путь от первого обращения до верховного суда на примере типичного уголовного дела. Основные этапы и виды работ. 1. Первое обращение 2. Первая встреча. Консультация 3. Заключение соглашения 4. Оплата 5. Вступление в дело 6. Ознакомление с доступными материалами 7. Участие в проверке в порядке ст. 144 УПК РФ 8. Дача объяснения 9. Предварительное следствие 10. Допрос 11. Очная ставка 12. Избрание меры пресечения 13. Участие в обыске 14. Производство экспертиз 15. Заявление ходатайств 16. Обжалование действий в порядке ст. 124-125 УПК РФ 17. Переквалификация 18. Ознакомление с материалами уголовного дела в порядке ст. 217 УПК РФ 19. Отдельные следственные действия (разовые поручения) 20. Суд 21. Допрос в суде 22. Заявление ходатайств 23. Исследование доказательств 24. Возвращение дела прокурору 25. Прения 26. Замечания на протокол 27. Обжалование приговора 28. Апелляция 29. Кассация

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