Criminal defence lawyer

Defence lawyer:

  • defence of a person (a suspect, an accused person, or a witness entitled to legal representation) during the pre-trial investigation stage
  • defence of a person (a suspect, an accused person, or a witness entitled to legal representation) during investigative procedures (questioning, confrontations and others)
  • defence of a person (a witness entitled to legal representation) during the pre-trial investigation stage
  • defence of a person (the defendant) during the trial
  • defence of a person (a convicted person or an acquitted person) during the appeal against a court judgement
  • appeals against decisions and actions of the investigator, the preliminary enquiry officer, the prosecutor, the judge and other officials

Actions of a defence lawyer:

  • formulating the defence’s position
  • developing defence strategies and tactics
  • providing legal advice
  • reviewing the materials of the criminal case
  • conducting a legal analysis and assessing the prospects of the case in court
  • building the evidence base
  • drafting and submitting procedural documents
  • conducting negotiations

A positive outcome of the defence lawyer’s actions, as reflected in:

  • participation in investigative proceedings
  • the final procedural decision on the case (such as the discontinuation of proceedings, etc.)
  • the court’s verdict
  • a ruling by a higher court

Prosecution lawyer:

  • representing the interests of the victim or witness during the pre-trial investigation
  • representing the interests of the victim or witness during investigative procedures (questioning, face-to-face confrontations and others)
  • representing the interests of the victim and witnesses during the court proceedings
  • drafting and filing a civil claim
  • drafting and filing applications and motions (including those regarding the application of security measures)
  • appealing against decisions and actions of the investigator, the preliminary enquiry officer, the prosecutor, the judge and other officials

Roles of a defence lawyer:

  • formulating a position
  • developing strategy and tactics
  • providing legal advice
  • reviewing the materials of the criminal case
  • conducting legal analysis and assessing the prospects of the case
  • building a body of evidence
  • drafting and submitting procedural documents
  • conducting negotiations

A positive outcome of the prosecution lawyer’s actions, as reflected in:

  • participation in investigative proceedings
  • the final procedural decision on the case (indictment and others)
  • the court’s verdict (including in relation to civil claims)
  • the ruling of a higher court

Мурат Жанбаев

Attorney. This material was prepared personally by the author based on his experience and current legislation.