Забезпечення прав сторони захисту у суді

Abstract

Розглянуто процесуальні гарантії сторони захисту в суді. Окрему увагу приділено аналізу таким гарантіям сторони захисту як праву на захист, з залученням у процес адвоката, презумпції невинуватості, обов’язковості для суду відмови прокурора від обвинувачення. The article deals with procedural guarantees for the defense in court. Special attention was paid to the analysis of the defense guarantees such as the right to defense, with the assistance of a lawyer in the process, the presumption of innocence binding for the court prosecutor on charges of failure. In criminal proceedings an integral part of the legal person status are procedural safeguards that are designed to ensure the rights of trial participants and create all necessary conditions for their actual implementation. These conditions ensure the rights and interests of criminal proceedings from the defense is the procedural guarantees of the defense. The most common procedural safeguards in criminal proceedings is to provide equal opportunity to each person to protect their rights and interests. The right of individuals to protection means being able to defend himself in person charged or through legal assistance chosen counsel. Important safeguards to ensure the rights of the defense are laying the burden of proof of guilt of the accused and other circumstances on the prosecutor, the right public prosecutor changes charges in court and rejection of the charges, which at the unwillingness of the victim to continue the proceedings entails the closure of the court case on this basis. The purpose of the presumption of innocence in criminal proceedings is to provide state benefits side, which performs the function of protection, because one of the elements of this legal provision is a rule that no one is obliged to prove his innocence of a crime. A person in respect of which the prosecution due to the presumption of innocence until final resolution of the case did an equal party to the process. The advantage of the protection guaranteed to achieve the desired results of the competition for the defense in criminal proceedings is the right of the accused and the latest remarks on the last word of the defendant. Guarantee equality of participants of the trial court is bound by the refusal of the Prosecutor of charge. Procedural guarantees for the defense in court is the Criminal Procedural Code of Ukraine, which reinforce the rights of members of the prosecution in court and provide their activity in the case. Procedural guarantees participants in a trial with the defense determined by the characteristics of their situation and the procedural provisions of the Criminal Procedure Act, which not only guarantees rights of formulated proceedings, but the procedural mechanism of their implementation.