About Some Issues Related to the Interrogation of a Lawyer as a Witness in a Criminal Case
- Authors: Lukyanov E.V.1,2
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Affiliations:
- International Bar Association of the city of Moscow "Pochuev, Zelgin and Partners"
- All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)
- Issue: Vol 15, No 2 (2022)
- Pages: 160-165
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531629
- ID: 531629
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Abstract
The purpose of the study. The article deals with the problems of ensuring the rights of a lawyer called for questioning as a witness in a criminal case. The various situations in which the specified investigative actions against the lawyer can be carried out are analyzed. The features of the operation of procedural guarantees established for conducting investigative actions against a lawyer are considered. It is concluded that the guarantees of advocacy established by the Code of Criminal Procedure of the Russian Federation, on the one hand, should be quite effective. On the other hand, they cannot be of an absolute nature and are limited only to the limits of professional legal assistance, but are not related to l criminally unlawful nature of violations by lawyers, their clients or third parties.
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About the authors
Evgeny Viktorovich Lukyanov
International Bar Association of the city of Moscow "Pochuev, Zelgin and Partners"; All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)
Email: levlawyer77@gmail.com
lawyer of the International Bar Association; post-graduate student Moscow, Russia
References
- Chebotareva I.N. Interrogation of a lawyer as a witness in the case of his client // Advocate practice. 2017. # 5.
- Kipnis N.M. On the issue of a lawyer giving testimony about the circumstances of his participation in the investigation // Advocacy. State. Society: Sat. materials IV Vseros. scientific-practical conf. / Resp. ed .: S.I. Volodin, Yu.S. Pilipenko. M .: New textbook., 2007.S. 113.
- Khaidarov A.A. On some law enforcement problems arising from a change in the procedural status of a participant in criminal proceedings // Journal of Russian Law 2018 No. 8.
- Recommendations of the Council of the Federal Chamber of Lawyers on ensuring advocate secrecy and guarantees of the independence of an advocate in the exercise of professional activities by advocates of 30.11.2009, Protocol No. 3, with add. from 28.09.2016 (Protocol N 7) [Electronic resource]. URL: http://fparf.ru.
- Chupilkin Yu.B. Guarantees of the inviolability of a lawyer from unreasonable interrogation as a witness // Advocate practice 2018 No. 3.
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