Public defense: when a lawyer should enter the case

    Social medium 29 February 2024 1649

    The President signed Law No. ZRU–915 dated 02/27/2024 "On Amendments and Additions to Certain Legislative Acts of the Republic of Uzbekistan in connection with the adoption of the Law of the Republic of Uzbekistan "On the provision of legal assistance at the expense of the State".

    The document introduces amendments to 7 laws aimed at determining the procedure for ensuring the participation of a lawyer in criminal, civil and administrative cases and in other cases to provide legal assistance to persons at the expense of the state (for more information about who is entitled to free legal assistance, follow the link).

    So, in accordance with the amendments to the Criminal Code:

    • the inquirer, investigator, prosecutor or court takes measures to ensure the participation of a lawyer providing legal assistance at the expense of the state as a defender in accordance with the procedure established by the Law "On Providing Legal Assistance at the Expense of the State";
    • the inquirer, investigator, prosecutor makes a decision, and the court issues a ruling on providing legal assistance at the expense of the state, and the time of the lawyer's entry into the case is determined;
    • the resolution/definition is entered into the Legal Aid information system;
    • the lawyer is selected automatically through the information system;
    • the lawyer must be given at least 4 hours from the moment of confirmation of his participation in the case to enter into the case;
    • a lawyer who has confirmed his participation in the case is obliged to enter into the case within the time limit set in the resolution/ruling;

    It is not allowed to involve a lawyer providing legal assistance at the expense of the state in cases where the lawyer was invited at the request of the suspect, the accused, the defendant or with their consent by other persons, or it was stated that they intended to exercise the right to invite a defender.

    The document was published in the National Database of Legislation and entered into force on 02/28/2024, Norma reports.