Exclusion of the Defense Attorney from the Proceedings of the Case

The defense attorney, the representative of the injured, the civil plaintiff, and civil defendant cannot participate in the proceedings of the criminal case if:

 

1) he/she is in relation of kinship or other relations of personal dependence with an official, who participates or participated in the investigation or consideration of the criminal case by the court;

 

2) if he/she participated in the case in the capacity of a judge, prosecutor, inquiry body officer; specialist; expert or witness;

 

3) if he/she is not entitled to be a lawyer or a representative by decision of the court.

 

The defense attorney and the representative of the injured, the civil plaintiff and civil defendant cannot participate in the proceedings of the criminal case on behalf of the client or the principal, if he/she has offered or is offering legal assistance to a person, who has opposite interests with the ones of the client or principal, and equally is in relation of kinship or other relations of personal dependence. Exclusion of the defense attorney is allowed only with the consent of the defendant.

 

The issue of exclusion of the defense attorney and the representative from the proceedings of the case is resolved by the body, conducting criminal trial.

 

Source: Iravaban.net

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