Lawyer at the Preliminary Investigation Stage: Opportunities for Participation in the Adversary Process
( Pp. 112-116)
More about authors
Zaurbi L. Shkhagapsoev
Dr.Sci.(Law), Professor, Police Colonel, Head of the Institute, . Hirsch Index 15
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
Abstract:
Abstract: 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.
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.
How to Cite:
Shkhagapsoev Z.L. Lawyer at the Preliminary Investigation Stage: Opportunities for Participation in the Adversary Process // Gaps in Russian Legislation. 2024. Vol. 17. №2. Pp. 112-116. (in Russ.). DOI: 10.33693/2072-3164-2024-17-2-112-116. EDN: MOZOHO
Reference list:
Karkhanina A.A. Status of a lawyer in the criminal process of modern Russia // Questions of science and education. 2018. No. 2 (14).
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.
Eriashvili N.D., Kositsyn V.YU. Protsessual nyy status advokata v ugolovnom sudoproizvodstve // Vestnik Moskovskogo universiteta MVD Rossii. 2014. № 2.
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.
Eriashvili N.D., Kositsyn V.YU. Protsessual nyy status advokata v ugolovnom sudoproizvodstve // Vestnik Moskovskogo universiteta MVD Rossii. 2014. № 2.
Keywords:
lawyer, advocacy, accused, suspect, preliminary investigation, evidence, petitions, adversarial, protection of rights..
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