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14.01.2022

Algorithm of the defender’s actions during the detention of a person, formation of attorney’s requests

During the training event for lawyers at the Higher School of Advocacy on the topic: "Ensuring the right to health care during detention and stay in places of deprivation of liberty" Valentina Buglak – lawyer, member of the Committee on Medical and Pharmaceutical Law and Bioethics of NAAU spoke about: types detention of a person, provided a step-by-step algorithm for actions of a defense attorney during the detention of a person, the practices of the ECtHR, how to form a lawyer's request, were given.
Types of detention of a person:
● after a person commits a criminal offense
● with the permission of the court
The term of detention cannot exceed 72 hours.
The detained person must be brought to the authorized person who is responsible for the detainees.
Algorithm of the defender's actions during the detention of a person
(First steps)
  • The lawyer must find out the whereabouts of the detained person and register with the person on duty
  • Find out the reasons and circumstances of detention
  • Check the credentials of the person who made the arrest
(Meeting with a client)
  • Establishing contact with the detainee
  • Recording the presence of bodily injuries and cases of illegal actions on the part of law enforcement officers (it is worth calling an ambulance, which will record the task of bodily injuries)
  • Compilation of an interview protocol with the client, development of a defense strategy
(Participation in investigative actions)
  • execution of the detention protocol (as well as the client's medical examination)
  • participation in the announcement of suspicion
  • interrogation of the suspect
(The lawyer's actions are not related to investigative actions)
  • registration of complaints, statements, petitions, remarks
  • preparation for consideration of a petition for the selection of a preventive measure
Information about the circumstances of a person's detention
The record book of those delivered, visitors and invitees, which is Appendix 12 to the Instructions for organizing the activities of the on-duty service of bodies (subdivisions) of the National Police of Ukraine regarding where the lawyer who will come to the police department and your client should register.
The basic principles and principles of a confidential meeting with a client, especially one who needs medical assistance
  • Unlimited time – the detainee has the right to receive an unlimited time-limited meeting with his defense attorney (before the first interrogation)
  • Privacy
  • Trust of the client (the lawyer must establish contact with the client and explain the information, all the subtleties of the case)
  • Completeness of the received information (the lawyer must carefully listen to the client, with all his comments, requests, statements and complaints. He independently determines the amount of information he needs about the client and the circumstances of the case)
During confidential information, the lawyer must:
1. Find out the circumstances of the person's detention before his arrival
  • whether a search was conducted
  • whether the customer was treated rudely
  • recording of complaints and comments from the client
2. Check the legal grounds and legality of the client's detention
3. Explain to the client his rights
4. Get information from the client
5. Determine and agree with the client on the strategy of his protection
Termination of powers of attorney
The authority of a lawyer on behalf of the Center during the detention of a person who is suspected of committing a criminal offense is valid while the person is in custody.
Refusal of a lawyer can take place only in his presence.
Refusal from the client may occur:
At the initiative of the client
  • the refusal is related to the participation of another defender (by agreement)
  • the refusal is related to the person of a specific lawyer (replacement of the lawyer by the Center)
At the initiative of the lawyer
  • in case of disagreement between the positions of the client and the lawyer
  • non-compliance by the client with legal advice and requirements of the lawyer, violation of the requirements of the Code of Civil Procedure
  • lack of proper qualifications for lawyers
Collection of medical information
  • the fact of a person turning to a medical institution for medical help;
  • the state of human health;
  • diagnosis;
  • circumstances that preceded the disease or provoked it;
  • functional features of the body;
  • features of the psyche
  • other information obtained during a medical examination, in particular, information about a person's family and intimate life, as well as about the state of health of the patient's relatives and close relatives.
How to get such information? How to form a lawyer's request?
Consent to the collection, processing and distribution of personal health information must be obtained from the client. Complete in a simple written form and send to the medical institution together with the request and a document confirming the attorney's authority.
The state power body, local self-government body, their officials and employees are obliged to provide the lawyer with relevant information, copies of documents, except for information with limited access and copies of documents containing information from limited access.
What should be included in the request to receive medical information?
  • Legal basis for the request
  • Full name and date of birth
  • Address of place of residence
  • Identification code
  • Period and scope of requested information.
For identification of the person by the medical worker who will prepare the answer to the request, it is necessary to add a copy of the passport and RNOCPP to the request.
In the presence of HIV, to prevent mortality, HIV-infected persons take antiretroviral therapy.
Antiretroviral therapy is a mandatory component of comprehensive medical care for HIV-infected people, as effective treatment leads to a significant reduction in morbidity and mortality associated with HIV infection.
The goal of antiretroviral therapy is to maximally suppress HIV replication, restore the function of the immune system, prolong and improve the quality of life of HIV-infected people, prevent the development of AIDS-related diseases and HIV transmission.
Rules of internal procedure in temporary detention centers
Patients with mental and infectious diseases, as well as persons with signs of acute diseases, are not allowed to be kept in the ITT, provided the appropriate medical documents are available.
Persons held in ITT have the right to medical and sanitary and anti-epidemic support, including paid medical services at their own expense, in accordance with the legislation of Ukraine.
If, according to the opinion of the medical worker of the emergency and emergency medical care team, the person detained or taken into custody needs inpatient treatment, he is sent under guard to the appropriate treatment and prevention facility of the local health authorities.
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