Does the mobilization of a lawyer violate the human right to defense - conclusion of the Supreme Court

Advocacy
16:46 Fri 02.05.25 108 Reviews
Print

Article 335 of the CPC provides for the suspension of court proceedings only in cases where the accused was called up for military service during mobilization. However, this provision does not apply to the mobilization of a defense counsel.

This was pointed out by the Criminal Court of Cassation in case No. 127/2822/18, when it examined the issue of violation of the right to defense as a result of the replacement of defense counsel. The decision of 25.03.2025 was published in the Unified state register of court decisions.

The lawyer who provided defense in the criminal proceedings was mobilized to the Armed Forces of Ukraine on February 24, 2022. In early May, the court gave the defendant time (about a month) to conclude an agreement with another defense lawyer or to appoint a defense lawyer through the Free Legal Aid Center. However, he did not use this opportunity.

Then, by court order, he was assigned a defense counsel, who defended the defendant until the court was removed to the conference room.

Subsequently, the verdict was appealed on several grounds in appeal and cassation.

When filing the cassation appeal, the defense party, in particular, referred to the fact that the court found the person guilty in violation of his right to defense. After all, the court had unreasonably replaced the convict's lawyer.

However, the high judges, having analyzed the circumstances of the case, concluded that the appointment of a defense counsel from the Regional Center for Free Secondary Legal Aid, who had directly participated in court hearings during the trial, complied with the requirements of the law.

In view of this, the Court rejected this argument of the defense.

Popular news

Mobilization of advocates in court: UNBA records another case of pressure

Advocacy

Mobilization of advocates in court: UNBA records another case of pressure

The Ukrainian advocacy has once again faced extrajudicial influence on advocates with the aim of obstructing the exercise of their legitimate powers related to the provision of professional legal assistance to clients.

16:35 Fri 30.05.25 106
Does the mobilization of a lawyer violate the human right to defense - conclusion of the Supreme Court

Advocacy

Does the mobilization of a lawyer violate the human right to defense - conclusion of the Supreme Court

Article 335 of the CPC provides for the suspension of court proceedings only in cases where the accused was called up for military service during mobilization. However, this provision does not apply to the mobilization of a defense counsel.

16:46 Fri 02.05.25 109
Shoulder straps do not fit the robe: Lidiya Izovitova analyzes models of military courts restoration

Advocacy

Shoulder straps do not fit the robe: Lidiya Izovitova analyzes models of military courts restoration

The Verkhovna Rada Committee on Legal Policy held a working meeting to discuss draft laws that provide for the establishment and operation of military courts in Ukraine on a permanent basis. The Institute of Advocacy presented its reservations regarding this initiative.

15:39 Thu 01.05.25 152
UNBA Committee for the protection of advocates' rights responds to accusations regarding the case of «hacker lawyers»

Advocacy

UNBA Committee for the protection of advocates' rights responds to accusations regarding the case of «hacker lawyers»

Dzerkalo Tyzhnia's publications about «hacker lawyers» contain false information, distortions and manipulations that undermine the authority of the Bar. They are a form of unlawful pressure on the UNBA and may be an element of a paid-for campaign.

19:17 Wed 23.04.25 167
Problems of implementation of the Convention on the Protection of the Profession of Lawyer discussed in the Verkhovna Rada

Advocacy

Problems of implementation of the Convention on the Protection of the Profession of Lawyer discussed in the Verkhovna Rada

On April 16, the Verkhovna Rada Committee on Legal Policy held a joint working meeting to discuss the feasibility of implementing the provisions of the Council of Europe Convention on the Protection of the Profession of Lawyer and introducing the necessary amendments to the current legislation.

18:41 Wed 16.04.25 203
The BCU creates a working group to monitor violations of the rights of lawyers and will consider appealing to the Verkhovna Rada

Advocacy

The BCU creates a working group to monitor violations of the rights of lawyers and will consider appealing to the Verkhovna…

During an extraordinary meeting on April 16, 2025, the Bar Council of Ukraine decided to establish a working group to monitor and summarize the facts of violations of the rights of lawyers and guarantees of the practice of law over the past three years, including the situation with the detention of lawyer Olga Panchenko.

14:16 Wed 16.04.25 141
Judicial independence: a priority that has not yet become a reality

Advocacy

Judicial independence: a priority that has not yet become a reality

Protecting judges from interference is a priority, but its effectiveness in practice raises questions. The High Council of Justice discussed ensuring judicial independence and the authority of justice.

10:46 Wed 16.04.25 102
Temporary protection, work, study: what Ukrainians should know about France and UK

Advocacy

Temporary protection, work, study: what Ukrainians should know about France and UK

What is the procedure for obtaining temporary protection status in France and the UK? When can it be refused and is it possible to appeal such a decision? What are the options for legalization and change of status? What about employment, education and business opportunities?

18:36 Tue 01.04.25 300

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл