Topic The work of an advocate

The institution of legal defence was created in our country in 1864. the advocates are to protect the rights and lawful interests of citizens and organizations, to maintain justice, to observe and strengthen legality. The principle task of the Bar is to grant legal assistance to citizens and organizations.

The Bar is a self-governing organization, which brings together the advocates. It is independent of bodies of investigation, prosecutor’s offices, the courts and bodies of authority and management.

Constitutional rights to a defence is guaranteed to everyone in Russia.

The role of a defence counsel in criminal proceedings is of special importance. His duties are defined as follows: the defence counsel is obliged to make use of all the ways and means to defence indicated in the law for the purpose of bringing to light the circumstances exonerating the accused or mitigating his responsibility, and to render all the necessary legal aid to the accused. So the duty of the advocate is to help to exonerate the accused.

The rights to choose defence counsel is guaranteed by law. The accused may call upon any member of the Bar located throughout Russia. He may call upon any advocate for a number of reasons.

The advocate must always remember that the accused, who chooses him, entrusts him his freedom, reputation and sometimes even his life.

If an advocate is able to make a careful and skilful analysis of evidence he can refute the arguments of the prosecution and establish the innocence of the accused. But the advocate is not obliged to prove the defendant’s innocence. The guilt must be proved by the prosecutor. The advocate must be knowledgeable how to do this. Serious disputes often arise between the prosecution and the defence where all arguments and circumstances of the case are brought out in an effort to come to a just judgement.

In the court procedure the advocate helps to establish the truth. He files petitions to examine the evidence, calls new witnesses, introduces documents and certificates, states and defendants his opinion. If he introduces arguments that mitigate the guilt of the defendant he helps the court pass the correct judgement.

If in advocate’s opinion a sentence handed down by the court is heavy he has the right to appeal the sentence in a higher court. A significant part of the advocate’s time is spent in drawing up appeals. He gets moral satisfaction when his appeal is redressed. The advocate who is convicted of the innocence of his client must fight to the end or the truth.

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