Lawyer at the Preliminary Investigation Stage: Opportunities for Participation in the Adversary Process
- Autores: Shkhagapsoev Z.L.1
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Afiliações:
- North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
- Edição: Volume 17, Nº 2 (2024)
- Páginas: 112-116
- Seção: Criminal Law Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/631093
- DOI: https://doi.org/10.33693/2072-3164-2024-17-2-112-116
- EDN: https://elibrary.ru/MOZOHO
- ID: 631093
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Resumo
The constitutional right to defense is exercised at all stages of the criminal process. The main and mandatory stage of the criminal process is the preliminary investigation stage. An independent professional legal adviser – a lawyer – takes an active part in this stage.
The author of the article examines the powers and responsibilities of a defense lawyer.
The article analyzes the main directions of participation of the defense lawyer in the adversarial process, which influence the course of the investigation and the formation of the evidence base in the criminal case. The public legal nature of a lawyer’s activity is noted, despite the fact that the legal profession is an institution of civil society, not the state. A distinction is made between the participation of a lawyer in criminal proceedings as a defender and as a representative. It is concluded that the correct and full use by a lawyer of his procedural rights is a key factor that contributes to the effectiveness of ensuring and protecting the rights of the client and contributes to the general attitude towards fairness in the legal process.
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Sobre autores
Zaurbi Shkhagapsoev
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Autor responsável pela correspondência
Email: nfka599@yandex.ru
Dr.Sci.(Law), Professor, Police Colonel, Head of the Institute
Rússia, NalchikBibliografia
- Davletov A.A. The right of a lawyer to use technical means during investigative actions // Lawyer's practice. 2020. No. 2.
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- Navasardyan V.R. Current issues of ensuring a suspect’s right to defense in a preliminary investigation // News of higher educational institutions. Jurisprudence. 1999. No. 2 (225).
- Safonova A.A. Some problems of a defense lawyer joining a criminal case // Bulletin of the Ural Legal Institute of the Ministry of Internal Affairs of Russia. 2022. No. 1 (33).
- Strogovich M.S. Course of Soviet criminal procedure. Volume 1. M., 1968.
- Sukhova O.A. Petitions of the defense lawyer as a means of his active defense activities within the framework of pre-trial proceedings // XLVIII Ogarevskie readings: material. scientific conf. In 3 parts. Part 3. Saransk, 2020.
- Eriashvili N.D., Kositsyn V.Yu. Procedural status of a lawyer in criminal proceedings // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2014. No. 2.
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