Edited by: Dr. Edhín Campos Barranzuela
The legal career is 1 of the very essential liberal professions in a constitutional rule of legislation and in the each day litigation work carried out by lawyers, they must get into account legal argumentation, forensic ethics and the long-lasting examine of the idea of the situation, since without the need of lawyers in a place 1 could not discuss or write about genuine justice.
Law as a liberal occupation performs a social purpose at the provider of regulation and justice, the crucial goal of which is the coexistence of men for the recovery of peace in modern society.
The technical defense line not only pursues the triumph of the trigger promoted by it, inquiring for the acquittal of its consumer, but also aims at social coexistence, respect for powerful judicial safety, the limitless ideal of protection and the constitutional assure of the just procedure.
In this context, attorneys have out a quite critical process as assistants to justice and their articulated qualified perform contributes to an significantly strong Judiciary, an increasingly goal General public Prosecutor and a additional professionalized Countrywide Police.
Article 82 of the code of prison process presents that the attorneys who variety Studi Associati can training the defense of the very same accused, jointly or separately,
in the very same way I specify that if far more lawyers participate in the proceedings, only 1 will work out the defense that the colleague privately asks.
The legislator has tried out to supply legal assistance to the inter-specialist law firm, in get to add to the most effective experienced functionality in the hearings of the major law firm who is now concentrating on his theory of the situation, both by listening to the prosecutor, and by intervening in the immediate evaluation, in the contradictory, raising the exceptions or formulating the concluding arguments.
Exactly, it is those people times of excellent focus or oral intervention, the attorney who workouts the joint protection with the inter-specialist colleague, desires to be assisted to supply, for case in point, a bibliographic citation, a particular factual truth, the look for for a posting of the Felony Code, immediately send you a cassation or some case regulation connected to a comparable scenario.
That’s why, the do the job of the interconsult law firm is of specific relevance in the development and continuation of a general public listening to, which is why when two attorneys participate in the protection of a criminal situation, a single of them will training the active defense, that is, will be equipped to report their ask for. , defend against his patronage, raise some objections or suggest a procedural cure at comprehensive hearing this sort of as an appeal for annulment, annulment, attraction or legal grievance and the other interconsulting attorney will help his colleague, for a much better intervention in court, as to she is entitled to a joint protection.
A particular situation occurred a few months ago, when in advance of the close of the hearing, the recent defender Duberli Rodriguez questioned the director of the debates of the Felony Charm Chamber to converse, in get to place forward the greatest protection of his circumstance. in the scenario, having said that, he was reminded that he was an inter-expert law firm and as a result could not intervene, mainly because he experienced carried out a joint defense with the major lawyer and that is where by the discussion takes put, on the feasibility of the protection of the authorized expert .
In this sense, none of the arguments for granting him his intervention in the judicial proceedings was that we are facing the development of a digital ecosystem and there was no risk of coordination amongst the two attorneys, due to the health unexpected emergency condition that we are residing. experimenting. .
Thus, we could say that the incident in regulation has been carried more than, to the actuality that one of the explanations why the inter-expert law firm was approved to intervene in the middle of the hearing and to incorporate to what the principal lawyer or prevalent defender argued , it was due to a pandemic challenge and the digital interaction natural environment.
It is vital to specify that it is not ordinary for the national judiciary to give the flooring to the interconsulting law firm, as the Public Prosecutor would be at a crystal clear disadvantage, considering the fact that with the same standards the provincial prosecutor could also just take his interconsultation and participate in the development of the listening to and therefore in the finish everyone would conclude up intervening without having any buy and procedural sequence.
It is essential that the theory of regulatory legality is highly regarded, in get not to violate the guidelines of public purchase, but it is equally genuine that we are in an remarkable circumstance, pursuing the nationwide well being emergency and exactly where there is a short term protocol of virtual and in-court hearings. some conditions it is superior to be versatile, definitely depending on the specific situation.
For this reason it is critical to just take into account that digital hearings should be carried out according to specific concepts and the distinct administrative regulatory framework that ought to be carried out with the direction of the Choose, excellent religion and procedural loyalty, fantastic use of resources and helpful communication, usually in compliance with principle of normative legality and differentiating the position of the main attorney and the interconsulting law firm, to assure productive judicial defense.
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