The participation of a defense attorney in the main trial is mandatory when considering a case with the participation of jurors.
According to Article 316 of the CPC, the defendant's defense attorney presents the items, documents and information necessary for providing legal assistance, collected in accordance with the procedure provided for in part three of Article 125 of the CPC, participates in the study of other evidence, presents to the court his opinion on the merits of the charge and its evidence on the circumstances mitigating the defendant's responsibility or justifying him, on the measure of punishment, as well as on other issues arising in court proceedings. If the defense attorney fails to appear and it is impossible to replace him at this court session, the trial is postponed. The replacement of a defense lawyer who did not appear at the court session is allowed only with the consent of the defendant. If the participation of a defense lawyer invited by the defendant is not possible for a long time, the court, postponing the main trial, suggests that the accused choose another defense lawyer, and if he refuses, appoints a new defense lawyer. The defender who has re-entered the case is given the time necessary to prepare for participation in the trial.
He has the right to request a repetition of any action committed in court proceedings before his entry into the case. According to the sixth part of Article 562 of the CPC, defense lawyers do not have the right to investigate in the presence of jurors the circumstances concerning the defendant's previous convictions, whether he has chronic alcoholism or drug addiction, or other circumstances that may cause prejudice among jurors.
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