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Art. 45 Code of Criminal Procedure in the new edition. Representatives of the victim, civil plaintiff and private prosecutor

To provide additional protection for the interests of participants in criminal proceedings, the institution of representation is provided for in the legislation. AT Art. 45 Code of Criminal Procedure the circle of persons entitled to act on behalf of a private prosecutor, a victim of a crime and a civil plaintiff is defined. All of these entities are on the prosecution side. Consider further Art. 45 Code of Criminal Procedure with comments. st 45 pack

Subject composition

It is defined in h. 1 tbsp. 45 Code of Criminal Procedure. According to the norm, lawyers can act as representatives of a private prosecutor, victim, civil plaintiff. If the applicant is a legal entity, its interests may be represented by other entities endowed with the relevant powers.

Relatives or other persons may be admitted to the process if the victim or civil plaintiff requests it.

Special cases

In order to protect the interests of minor victims or persons whose health status (mental or physical) does not allow them to assert their rights on their own, their representatives are involved, including legal ones. Their participation in the production is mandatory.

The legal representative of a person who has not reached the age of 16 and who is a victim of sexual assault, immunity, may petition a court, interrogating officer, investigator for a lawyer. His services are paid for at the expense of budgetary funds.

Important point

According to part 2.2 Art. 45 Code of Criminal Procedure, by the decision of a judge, investigator, or inquiry officer, the legal representative of the victim who has not reached the age of majority may be suspended from participation in the proceedings if there is reason to believe that the actions of this person cause harm to the interests of the minor. In such a situation, another legal representative is involved in the process. st 45 upk rf

Procedural issues

Representatives of victims, private prosecutors, civil plaintiffs, including legal ones, have all the procedural rights, as well as the entities on whose behalf they act.

Personal participation in the case of a person does not deprive him of the opportunity to involve his representative in the proceedings.

Commentary on Art. 45 Code of Criminal Procedure

The definition of the circle of subjects involved in production is determined by the fact that legal assistance is provided to a person, including qualified and competent protection of his interests, and a professional lawyer can understand all the intricacies of criminal procedural activity. To persons endowed with such a status, fairly high demands are made.

A lawyer can be a citizen of the Russian Federation with higher education in the relevant specialty, work experience, certain moral qualities, etc. Compliance with these requirements is regarded as a guarantee of qualification and professionalism.

Alternative option

Meanwhile in new edition of Art. 45 Code of Criminal Procedure other persons are also included in the circle of representatives. Providing the possibility of attracting them, the legislator probably proceeded from practical considerations. The fact is that not every civil plaintiff can use the services of a lawyer because of the high cost. therefore Art. 45 Code of Criminal Procedure allows the involvement of a representative or legal representative. st 45 upk comments

In addition to lawyers, the interests of the subject can be represented by any citizen with legal capacity, with a power of attorney, confirming authority and drawn up in the prescribed manner.Another person may also act on behalf of the participant in the proceedings, the powers of which are provided by law. For example, for the organization, the legal representative is its head.

Close relatives

They may participate in cases under the jurisdiction of a world court. It should be noted that the admission of close relatives or other persons requested by the civil plaintiff is limited to the discretion of the judge.

These entities may also participate in the appeal proceedings, if requested by an interested participant in the process.

Features of the replacement of legal representatives

According to general rules, exclusion of a person from the process is not allowed. However, if there is reason to believe that the behavior of the legal representative may cause damage to a victim who is under 18 years of age, he may be replaced by another legal representative.

In such situations, the court applies provisions 426 and 428 of the Code of Criminal Procedure by analogy. These norms establish the procedure and grounds for the replacement of legal representatives of juvenile suspects, defendants, and accused.

The court makes a decision on the decision. It indicates the reason why the legal representative is to be replaced, as well as information about the person who will be involved in his place. h 1 st 45 pack

Additional grounds for face replacement

Of course, possessing, in accordance with Art. 45 Code of Criminal Procedure, by the same procedural possibilities as the person on whose behalf the representative acts, he should not act against the interests of the represented.

If the plaintiff disagrees with the position of the representative in the criminal proceedings, the latter may be replaced. Other grounds for exclusion of a representative from the proceedings are enshrined in Article 72 of the Code.

Lawyers Explanations

The purpose of criminal proceedings, in accordance with the provisions of Article 6 of the Code of Criminal Procedure, is to protect the interests of organizations and citizens who are victims of crimes. The civil plaintiff is just the subject who was harmed by the assault.

Accordingly, the interrogator, the court (including the appeal), the investigator must take all appropriate procedural measures aimed at ensuring the protection of the rights of victims. Failure to comply with this requirement is a violation of the law by authorized persons.

Meanwhile, according to some authors, the possibility of replacing a representative and the actions of officials aimed at its implementation contradict the principle of competitiveness of the parties, enshrined in article 15 of the CPC. However, such a conclusion can hardly be considered true. st 45 upk rf with comments

The fact is that the 6th article of the Code, determining the purpose of legal proceedings, provides for a wider range of guarantees than the 15th norm. Consequently, the provisions of Art. 6. This approach is confirmed by the COP.

In one of the definitions, the Constitutional Court indicated that it is impossible to talk about the unconditional priority of criminal procedural norms in cases where other legislative acts (except the Criminal Procedure Code) provide for additional guarantees that protect the interests of individuals, including those related to their special status.

Within the meaning of Article 18 of the Constitution, freedom and rights of a citizen and a person have a direct effect. They determine the content, meaning and order of application of the legislation, the activities of the executive and legislative branches of government, are ensured by justice. Accordingly, the resolution of conflicts between different regulations in the process of implementation of their provisions should be carried out depending on which act provides for a greater amount of freedoms, rights and guarantees.

Procedural authority

How to install Art. 45 Code of Criminal Procedure representatives of the prosecution have the same rights as the entities on whose behalf they are speaking. Article 45 UPK RF in the new edition

However, there is an exception to this rule.It concerns the right of a person to give explanations and testimony, which is realized directly by him.


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