Practical Advices

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Practical advices for persons participating in a criminal process .

  1. Pay close attention to any approaches you may have from police officers, prosecutors, and communications sent by the courts. The way you choose to handle such approaches could be a borderline between you being a free person and a person detained, arrested or sentenced to prison.
  2. Ask to know the reasons for your detention or arrest, but don’t ever accept to speak and give any explanation without first consulting a lawyer.Request for a copy of your letter of rights and keep it always with you.
  3. Do not talk about your case, the position you are, etc., under no circumstances, with other people even if you know them or they are close relatives of yours. Be aware that you conversation can be recorded and used against you.
  4. Request right away to contact a lawyer that you wish to appoint as your defense council.
  5. Ask proceeding authority to notify your family or close relatives, as well as your embassy, ​​ if you wish to do so.
  6. If you feel sick or if you are suffering from a chronic disease, you should immediately point out this fact and seek help from a qualified physician.
  7. Keep calm and do not engage in conflicts with other people, with police officers or investigation authorities.
  8. Under no circumstances, do not accept to sign or write anything you were told to, without consulting your lawyer.It is your right to refuse to undergo any sort of procedure, medical check-ups or medical examinations (unless it is a medical emergency) etc, without priory notifying your lawyer, or without his/her presence if the law requires so. However, although in prinicpal hard to encounter, there may be situaions in which the law prohibits the presence of the lawyer. In such cases is suggested that the lawyer is the one to notify you.
  9. If the authorities offer you a settlement or ask to obtain the status of a justice collaborator, take some time to consult your lawyer in advance.
  10. Do not accept to speak to media representatives or other third parties about you and your case, without consulting with your lawyer in advance. Such actions may have a negative impact for the case resolution in your favor.
  11.  Fully comply with court rulings regarding the terms of security measures against you, including decisions on the enforcement of alternatives to imprisonment. Recklessness can put you to jail!

Your contact with a lawyer

When you initially contact a lawyer, consider following the advices below:

 

  1. If the lawyer undertakes to defend you and does promises of certain results without first learning and examining all the materials of the case, the lawyer is unlikely to be professional and may miss represent you and your case.
  2. If the lawyer promises you a secure outcome of the court decision, please take in consideration the fact that you may be facing a lawyer that is lying to you, is lacking professionalism and may push you to engage in illegal activities.
  3. This is true, for the fact that the case resolution is done by the court, not by lawyers and no one can absolutely predict the outcome of a judicial process. They can only make a rough estimate of the outcome, and this can be done only after being aware of all the materials against you that the file of respective investigation authority contains.
  4. Legal representation before the Supreme Court under current rules is only allowed for lawyers who have over 10 years of work experience. Therefore, be sure to ask the lawyer if you are interested in a representation before the Supreme Court or the Constitutional Court.
  5. Lawyers are subject to Value Added Tax or VAT, therefore your invoice must be an official form of this invoice or invoice specifically approved for use by the General Tax Directorate. Note that a tax invoice issued and properly filled out cannot be canceled.
  6. In cases where you are asked to sign a service contract, be sure to read it carefully and for things you do not understand, ask the lawyer or any other trustworthy person before signing it.
  7. Act in good faith with the lawyer and be sincere with him. No lawyer can help you properly or as you can expect it, if you are not honest about all the facts or circumstances regarding your case.

YOU AND THE JUDICIAL PROCESS

  1. Take care of your hygiene, clothing, and outdoor appearance by washing, shaving, brushing, and properly dressing before each court session. If this is not possible, bring this to court and report that the responsible people in the place that you are kept do not allow you to take care of yourself.
  2. Be careful and listen carefully to everything. Write occasionally things that interest you.
  3. Notice! In a courtroom, the lawyer is your only friend. It is neither and cannot be a prosecutor or the court. Therefore, do not fall prey to the negative and illegal approach of some prosecutors or judges seeking in the process to confront you with your lawyer. This is just an ugly behavior that aims to divert your attention to their actions and omissions and the correct implementation of the law.
  4. Never talk or answer any questions you are asked without priory consulting your defense. Ignore any promise of help or any pressure that aim to make you act differently, because the chances of this being a tramp are very high.
  5. Keep calm and do not talk or react to the words or actions of the prosecutor, witnesses or other participants in the process.
  6. If you are not sure of your testimony to be for or against your, is suggested to choose the right to silence.
  7. Ask for a copy of the materials that your counselor prepares for you, read them carefully and point out to your defense lawyer suggestions or opinions.
  8. Always speak when you are asked to speak for your family. Speak about how important is your family for you and how much concerned you are about it. These elements are usually considered mitigating circumstances.

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