ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Archive of Issues

Issues observance of professional ethics counsel in the process of reconciliation between a suspected person and a victim

Pages: 51-56
Year: 2016
Location: Pravova Ednist Ltd

Review

The paper presents the analysis of the compromise mechanism, based on academic literature summary; the determination of the main aspects and subjects of the reconciliation process between a suspected person (charged offender) and a victim; the analysis of the peculiarities of attorney’s participation in initiation, control and fixation of the reconciliation process; the determination of the attorney’s activity ethical limits in the reaching compromise process. 

Separately, the author notes that the defender’s participation in the reaching compromise mechanism is necessary to prevent violation of rights and freedoms of the client in any form. It is pointed out that the attorney’s qualification and his practical experience will encourage conduct of the reconciliation process in accordance with applicable criminal and criminal procedural law. 

It is determined that reconciliation depends on the influence of the human factor. Given this fact, the attorney must take into account the psychological characteristics of participants, their motives and purpose. Therefore, the defender need the knowledge of criminal and criminal procedural law as well as the knowledge of psychology and communication skills.

 It is noted that the role of the attorney in the reconciliation process is important from the position that the defender must control a conflict. In the article it is also characterized the atoorney's professional activity limits as to active participation in the reconciliation mechanism purposes needs.

It is determined that the appointment of an attorney is protection of the rights, freedoms and interests of a client, and within his activity he shall act in all possible ways, not forbidden by the legislation and his own level of morality. The paper noted that the process of protection and representation should be based on the principles of confidentiality and good faith

Keywords: professional ethics lawyer, reconciliation, communication suspect (defendant) and the victim. 

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