ABOUT CASES OF OBLIGATORY PARTICIPATION ON CRIMINAL CASES OF ADVOCATE OF WITNESS, HAVING THE RIGHT OF DEFENSE
Keywords:
criminal procedure, having a right of defence, presumption of innocence, suspected, advocate-defender, ; advocate-representative, witness, witness; having a right of defence, advocate-representativeAbstract
The authors of the article investigated the issue of improving the procedural legal status of a new participant of the criminal trial of the Republic of Kazakhstan - a witness who has the right to protection, and identified the problems arising in law enforcement practice.
An analysis of the relevant norms of the Criminal Procedure Code of the Republic of Kazakhstan shows that they do not clearly define the legal status of the participant of the process, who occupies an intermediate position between the witness and the suspect.
A constructive-critical assessment to the judicial interpretation of the right to defend such kind of witnesses is given. A proposal to streamline and unambiguously understanding of the constitutional right of defense against suspicion (accusation) in relation to the named category of witnesses is made.
It is proposed to define a strictly adjusted circle of such persons, when the participation of a defense lawyer is mandatory. The authors believe that it is possible to clarify the regulatory decision of the Supreme Court of the Republic of Kazakhstan of December 22, 2016 No. 13.
In addition, they consider it is necessary to regulate legislatively the cases of compulsory participation in criminal cases of a lawyer of a witness having the right to defense. They include not coming of age; impossibility, due to physical or mental disabilities, to exercise their right to defense independently; Non-mastery of the language in which proceedings are conducted; Petition of a witness who has the right to defense, on the provision of counsel at the expense of budgetary funds.
