CERTAIN ISSUES ON RELATION TO THE EXERCISE OF THE RIGHT OF COUNSEL TO ACCESS TO CRIMINAL PROCEDURE INFORMATION
DOI:
https://doi.org/10.52026/2788-5291_2021_64_1_159Keywords:
verification of evidence, refutation of the accusation, identification of sources of evidence, questioning of evidence, presence of a lawyer at the interrogation of a witness, familiarization with the decision on the appointment of an expert examination, a request from a lawyer to interrogate the victim or witness by the investigating judgeAbstract
Evidence in criminal cases, carried out by a lawyer, is the activity of exercising the right of a citizen to receive information that contributes to the establishment of the circumstances of the case, in an impartial, full and comprehensive examination, on the basis of adversarial principles and equal participation of the parties in this process. The right of a lawyer to receive and use information can be realized through verification activities, which are limited not only to achieving the results established by law (confirmation or refutation of the evidence of the prosecution), but also to calling them into question.
The purpose of the article is to present proposals and practical recommendations for expanding the rights of a lawyer provided for in Part 2 of Article 214, part 1 of Article 217 and Part 4 of Article 272 of the Criminal Procedure Code. The object of the study is the activity of a lawyer aimed at obtaining, verifying and using information of criminal procedural significance in pre-trial proceedings. The subject of the study is the theoretical provisions and legal norms regulating the activities of a lawyer aimed at obtaining, verifying and using information of criminal procedural significance in pre-trial proceedings. The research is based on the use of the provisions of general scientific, private methods, formal legal and systematic approaches, and the analysis of law enforcement practice.
The novelty of the article is ensured by the fact that the study attempts to consider the activities of a lawyer to establish the circumstances of the case through the prism of the exercise of their right to criminal procedural information; proposals are made to strengthen the procedural status of a lawyer in a pre-trial investigation.