The activity of the defender contributes to the achievement of the main goal of the criminal process – the proof of guilt, but in very peculiar ways and methods. So, being an independent participant in the criminal process, the defender himself chooses the means, methods and tactics of protecting his client I.e, accused, or suspect. The brampton defence lawyer has many duties and responsibilities.
At the same time, the defender combines the powers of the representative of the accused, with whose opinion he is connected when performing the most important procedural actions and determining a position in the case that excludes the possibility of a conflict on the main issue – th roof of his guilt.
The purpose of the activity of the Brampton defence lawyer in the criminal process is, first of all, to identify the circumstances that justify the accused (suspect) or mitigate his responsibility, and he may, therefore, be indifferent to establishing the truth. For example, the defender does not have the right to reveal the circumstances incriminating the accused, to support the accusation or to agree with the accusation if the accused does not admit guilt.
At the same time, by defending the rights and interests of the accused, the defender thereby contributes to the issuance of a fair and justified sentence. Due to the specifics of his activity, the defender exercises a kind of control over the application of the rules of law by the relevant authorized persons. Justice needs a defender (lawyer) as one of the guarantees against judicial errors – this is precisely what his general social and public significance is expressed in. However, it should be borne in mind that improper, in the opinion of the investigating authorities or the court, the performance by a lawyer of his duties to protect the interests of the accused (defendant) is not a basis for issuing private rulings against the theatre.
It is important to remember that the defender is called upon to protect and defend not all the interests of his client (accused, suspect), but only legal and only legal means and methods. Along with this, the indication in the law to the use by the defender of any other means and methods of protection that do not contradict the law directs him to actively work to protect the legitimate rights and interests of his clients. The implementation of the powers of the defence counsel begins from the moment he is admitted to participate in the criminal case.
Lawyers are allowed as defenders. According to the ruling or decision of the court, along with the lawyer, one of the close relatives of the accused or another person, for whose admission the accused applies, may be admitted as a defence counsel. In proceedings before a justice of the peace, the said person is also allowed instead of a lawyer.