Material Production

In this article I will attempt to review existing legislation in our country for the right to participate in the production of materials and the professional case as a defender of a close relative of the suspect, defendant. Article 46 of the Professional prtsessualnogo Code (CPC) of the Republic of Belarus "The invitation, the appointment of counsel" clearly defines when and who can be a protector of the suspect or the accused:. Persons listed (in Checklist and a close relative) in the second and third parts of Article 44 of the Code, are involved in the production of materials and the professional case as defense counsel at the invitation of the suspect or accused, their legal representatives, as well as relatives and other persons at the request or with the consent of the suspect or accused. From the contents of this article, it suffices to consent of the suspect to a close relative has it defender. And to confirm his powers (in accordance with Article 46 of the CPC) as a defender of a close relative is the authority of the professional procedure, proof of their relationship with the suspect, accused. It would seem that everything is clear and very clear, but it turns out not to all representatives of leading professional trial In practice, when the prosecution sees a close relative of the person who can provide substantial protection for your family member (eg, with higher education and analytical thinking or the experience to represent the interests of citizens in the courts), the prosecution has struggled to avoid such relative to the protection – because it might fall apart.