- Journal Issues
- № 2 2016 Procedural, criminalistic and organizational and legal problems of advocate activity
- Actual issues of participation advokat in criminal process: problems of theory and practice
- Representation and protection rights of the victim by defender in criminal proceedings on the basis of the reconciliation agreement
Representation and protection rights of the victim by defender in criminal proceedings on the basis of the reconciliation agreement
Review
The article investigates the issues of participation by defender as a representative of the victim in criminal proceedings on the basis of the reconciliation agreement, representation and protection interests of the victim. In article was analyzed the practice of the courts of criminal proceedings on the basis of agreements about reconciliation. The author examines the common position of the reconciliation agreement between the victim and the suspect. Statistics examined by agreements in criminal proceedings in 2014 and 2015. The article also indicated the legal basis defender's participation in criminal proceedings on the basis of agreements.
The proposals for improving the existing rules of criminal procedural law. The author revealed disadvantages in current criminal procedure legislation. It was proposed to fix in the Criminal Procedure Code of Ukraine the right of the victim to get a counsel at public expense. The author had been given reasons to the court not to approve the agreement. On this occasion, the author concluded about the impossibility of understanding the victim sufficiently all legal terms. This calls for the mandatory participation of the defender as a representative of the victim in criminal proceedings on the basis of the reconciliation agreement.
Based on the analysis of materials rezulativ criminal proceedings concludes that even coordination of the parties' agreement, their willingness to conclude the agreement does not guarantee a positive resolution of legal conflict through an agreement of reconciliation. Participation of a defender as a representative of the victim, in our view, could prevent and eliminate this situation involved an investigator at the conclusion of the agreement.
Keywords: criminal proceedings, the representative, the attorney, the victim, a reconciliation agreement.