Access of person to case as social defender

News Restoration of rights

A citizen S. applied to the Ombudsman Daria Morozova on the issue of providing a lawyer to his close relative in the framework of a criminal case. The applicant said that he was not closely familiar with the legal proceedings, but would like to participate personally in the case in order to protect the interests of a member of his family.

As part of legal literacy in the field of human and civil rights and freedoms, forms and methods of their protection, explanations of the current criminal procedure legislation were given to the applicant S, in particular Art. 44 of the DPR CPC. It was established that S. was not interrogated as a witness in the case, which gave him the right to claim admission to the case as a social defender.

Subsequently, the decision of the DPR Budennovskiy Interdistrict Court of the city of Donetsk granted the petition, and applicant S. was allowed to participate in the case as a social defender with an appropriate scope of rights to defend the defendant.