The rights of the accused. The accused is ...

The accused is the person who is being prosecuted. It starts from the moment of the official formulation and documentation of the indicated status.

Accused: CCP

As mentioned above, registration of such a status is carried out by a document. It may be a resolution or an act. Until such a document is drawn up, a person may act as a suspect. The accused is involved in the process in accordance with the procedure established by law. A change in the status of a person is established in Part 2 of Art. 47 of the Code. In direct proceedings in court, the accused becomes the defendant. A citizen in respect of whom an acquittal is issued is called acquitted. The person in whose case the indictment is approved is called a convicted person.

Decision (act) on attraction

Any of these acts acts as the basis on which criminal prosecution begins against a citizen. The decision (act) must contain a description of the act. In particular, the method, time, place, motives and other circumstances are indicated. In this case, specific articles of the Criminal Code are given, according to which a citizen passes as an accused. This is the general procedure by which a citizen is involved in preliminary activities. The presence of two forms of the document is determined by the options for conducting an investigation. If it is carried out in the form of a preliminary investigation, then a decision is drawn up. If an inquiry is conducted, then an indictment is formulated. The decision is drawn up by the investigator, and the act is made by the inquiry officer.

Rights of the accused

The subject involved in the preliminary investigation has a number of opportunities provided by legislation. They are very similar to those that the suspect has. However, the latter has much less scope. This is due to the fact that the accused is a person who has been involved in the process for a longer time, including direct examination of the case in an authorized instance. If a citizen does not speak enough or does not know at all the language in which the proceedings are being conducted, an interpreter is provided for free. The rights of the accused are recorded in Art. 47, part 4. The subject can:

• know what exactly he is accused of;
• get a copy of the decision (act) on involving him in a preliminary investigation, on the application of preventive measures;
• to object to the charges presented, to testify or refuse to give them (in case of his consent, the authorized official is obliged to warn that everything he says can subsequently turn against him; this rule applies even if the citizen refuses his testimony, except for the case specified in Article 75, Part 2, Clause 1).
• provide evidence.
  
• to participate in investigative measures with the permission of an authorized employee (investigator), carried out at his request or at the request of his lawyer (legal representative), to get acquainted with the drawn up protocols regarding these actions, to submit comments on them;
• copy production materials at their own expense, including using technical means;
• send complaints about the inaction / actions of the prosecutor, the inquiry officer, court, investigator, participate in their consideration;
• to object to the termination of proceedings on the grounds established in Article. 27, part 2 of the Code;
• to get acquainted with all materials upon completion of preliminary activities, to write out any information from them in any volume;
• to have meetings with a lawyer in private and in private, including before the first interrogation is conducted, without restrictions on duration and quantity;
• give evidence and explanations in the language he speaks (or in his native language);
• use the assistance of a defender, free of charge, including in cases established by law.

Review materials in a meeting

A defendant in court may:

1. Get acquainted with the decision appointing the examination, raise questions and get acquainted with the conclusion.
2. To participate in the proceedings in the court of the first, second, supervisory authorities, consideration of the issue of choosing a preventive measure and in other cases established in Art. 29, parts 1-3 and 10.
3. Get acquainted with the minutes of the meeting and provide comments on it.
4. Appeal against a ruling, decision, sentence, receive copies of disputed decisions.
5. Protect in ways and means that are not prohibited by the Code.

A person accused of a crime may also take part in resolving issues related to the execution of a sentence.

Procedural order

In the current legislation, the accused in a criminal case is brought under the general rules, common for all cases. This procedure allows us to quickly establish the subjects, apply a fair punishment for each person involved, and exclude the prosecution of innocents. The procedural procedure involves two independent actions:

1. Issuance of a reasoned decision by an authorized official, according to which a citizen is involved as an accused of a crime.
2. Familiarization with the contents of the act and interrogation.

The meaning of the decision (act)

This document plays a crucial procedural role. The ruling defines the specific person who is exposed in the act. From this moment on, a new participant enters the process - the accused. This indicates the progress of the process. The review of materials in the first instance is carried out exclusively in relation to the involved person. At the same time, they study the limits of those circumstances that were announced at the preliminary production stage and by which it was transferred to the authorized body.

Important point

In the process of making a decision on the approval of the decision (act), the investigator / interrogator must carefully analyze and understand the evidence. Having assessed them objectively and comprehensively, he needs to make sure that the facts that form the basis for holding him accountable are indeed established. The decision made by him must be strictly legal, justified and the only right one.

Document Requirements

They are installed in Art. 144 Code of Criminal Procedure. Questions regarding the form and content of the decision (act) are repeatedly covered in legal publications, as well as investigative practice. At the same time, the obligation to comply with all legislative requirements when it is passed is emphasized everywhere. According to current standards, a resolution (act) must meet the requirements of:

1. Legality.
2. Validity.
3. Objectivity of data presentation.
4. Motivation.
5. Individualization.
6. Legal clarity of wording.
   

Legality

In accordance with this requirement, the document is issued exclusively by an authorized body / official and within its competence. The decision (act) includes the statutory mandatory details. The document must contain the legal qualification of the act by which the accused is involved. This decision (act), therefore, must comply with the law and in form, and in name, and in content. Non-compliance with the established requirements during the investigation is regarded as a violation of industry standards. In some cases, if their materiality is recognized, the materials may be returned for additional investigation.

Validity

It is inextricably linked with the principle of legality. The decision (act) is considered reasonable if the information that is formulated in it corresponds to objective data collected during preliminary events, and not on assumptions and guesses. The latter can only matter in the direction of investigative actions, to indicate any version that is subject to mandatory verification. The law does not directly indicate the need to provide evidence in the document substantiating the position of the inquiry officer / investigator. Nevertheless, it is necessary to sufficiently state the known factual circumstances, since they are established by the materials, as well as qualify the act.

Motivation

This principle requires that the allegation be based on specific circumstances. They confirm the presence of an illegal act and its qualifications. According to factual circumstances, the investigation concludes that the evidence collected is sufficient to attract a citizen as an accused. The narrative sets out the circumstances for each episode, if there are several. Data should be specified objectively, without any bias. The content of the description should be consistent with the disposition of the incriminated norm. In the operative part, specific articles, parts, paragraphs of the Criminal Code, on which the person’s qualification is carried out, are mandatory.