On Guarantees of the Right to Freedom and Personal Inviolability of a Lawyer
( Pp. 223-227)

Abstract: The purpose of the study. The issue of procedural guarantees in relation to certain categories of persons is one of the most discussed in the theory of criminal proceedings. The study is devoted to the issues of the real application of the guarantees of freedom and personal inviolability of a lawyer established by law. Conclusions: It would be correct to amend Article 450 of the Code of Criminal Procedure of the Russian Federation, indicating that a petition to the court for the election of a preventive measure in the form of detention against a lawyer can be initiated by an investigator with the consent of the head of the investigative body of the Investigative Committee of the Russian Federation for the subject of the Russian Federation. The establishment of an additional criminal procedural guarantee of advocacy in the form of a special procedure for applying to the court with a petition for the detention of a lawyer will be comply with the existing trend in the development of the criminal procedure law in the direction of reducing the use of this preventive measure. The Administrative Code of the Russian Federation to introduce administrative responsibility for obstructing the legitimate activities of a lawyer. The Criminal Code of the Russian Federation provides for criminal liability for the same act committed by a person subjected to administrative punishment during the period of its validity. Part 2 of Article 296 of the Criminal Code of the Russian Federation after the word "defender" should be supplemented with the word "lawyer", since the lawyer participates in the proceedings not only as a defender, but also as a representative of the victim, civil plaintiff, civil defendant, witness lawyer or person in respect of whom a pre-investigation check is being conducted. It is also necessary to supplement Article 298.1 of the Criminal Code of the Russian Federation, which provides for criminal liability for defamation against a judge, juror, prosecutor, investigator, person conducting an inquiry, an employee of the enforcement authorities of the Russian Federation.

Lukyanov E.V. On Guarantees of the Right to Freedom and Personal Inviolability of a Lawyer // Gaps in Russian Legislation. 2023. Vol. 16. №6. Pp. 223-227. (in Russ.). EDN: HUMLKF

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lawyer, special procedure of criminal proceedings, preventive measure, detention, personal inviolability, obstruction of lawful activity, administrative responsibility, criminal liability..