About Some Issues Related to the Interrogation of a Lawyer as a Witness in a Criminal Case
( Pp. 160-165)
Abstract:
The purpose of the study. The article deals with the problems of ensuring the rights of a lawyer called for questioning as a witness in a criminal case. The various situations in which the specified investigative actions against the lawyer can be carried out are analyzed. The features of the operation of procedural guarantees established for conducting investigative actions against a lawyer are considered. It is concluded that the guarantees of advocacy established by the Code of Criminal Procedure of the Russian Federation, on the one hand, should be quite effective. On the other hand, they cannot be of an absolute nature and are limited only to the limits of professional legal assistance, but are not related to l criminally unlawful nature of violations by lawyers, their clients or third parties.
How to Cite:
Lukyanov E.V., (2022), ABOUT SOME ISSUES RELATED TO THE INTERROGATION OF A LAWYER AS A WITNESS IN A CRIMINAL CASE. Gaps in Russian Legislation, 2 => 160-165.
Reference list:
Chebotareva I.N. Interrogation of a lawyer as a witness in the case of his client // Advocate practice. 2017. # 5.
Kipnis N.M. On the issue of a lawyer giving testimony about the circumstances of his participation in the investigation // Advocacy. State. Society: Sat. materials IV Vseros. scientific-practical conf. / Resp. ed .: S.I. Volodin, Yu.S. Pilipenko. M .: New textbook., 2007.S. 113.
Khaidarov A.A. On some law enforcement problems arising from a change in the procedural status of a participant in criminal proceedings // Journal of Russian Law 2018 No. 8.
Recommendations of the Council of the Federal Chamber of Lawyers on ensuring advocate secrecy and guarantees of the independence of an advocate in the exercise of professional activities by advocates of 30.11.2009, Protocol No. 3, with add. from 28.09.2016 (Protocol N 7) [Electronic resource]. URL: http://fparf.ru.
Chupilkin Yu.B. Guarantees of the inviolability of a lawyer from unreasonable interrogation as a witness // Advocate practice 2018 No. 3.
Kipnis N.M. On the issue of a lawyer giving testimony about the circumstances of his participation in the investigation // Advocacy. State. Society: Sat. materials IV Vseros. scientific-practical conf. / Resp. ed .: S.I. Volodin, Yu.S. Pilipenko. M .: New textbook., 2007.S. 113.
Khaidarov A.A. On some law enforcement problems arising from a change in the procedural status of a participant in criminal proceedings // Journal of Russian Law 2018 No. 8.
Recommendations of the Council of the Federal Chamber of Lawyers on ensuring advocate secrecy and guarantees of the independence of an advocate in the exercise of professional activities by advocates of 30.11.2009, Protocol No. 3, with add. from 28.09.2016 (Protocol N 7) [Electronic resource]. URL: http://fparf.ru.
Chupilkin Yu.B. Guarantees of the inviolability of a lawyer from unreasonable interrogation as a witness // Advocate practice 2018 No. 3.
Keywords:
lawyer, interrogation, witness, procedural guarantees, procedural status.
Related Articles
1. Constitutional law; Constitutional judicial process; Municipal law Pages: 21-23 Issue №3636
LEGAL PROBLEMS Mediation Institute in the Russian Federation today. CURRENT ISSUES
mediation
lawyer
the message of the President of the Russian Federation
negotiations
types of disputes
Show more
11. CRIMINAL PROCESS (12.00.09) Pages: 254-258 Issue №18933
On the Question of the Scope of the Rights of a Suspect in Criminal Proceedings in Russia: Questions of Theory and Practice
suspect
securing rights
correlation of rights
participants in criminal proceedings
procedural status
Show more
CRIMINAL LAW (5.1.4.) Pages: 218-222 Issue №24238
On the Issue of Ensuring the Rights of Minors During the Preliminary Investigation
minor
preliminary investigation
enforcement of rights
procedural guarantees
legal representative
Show more
4. CRIMINAL LAW DISCIPLINES Pages: 255-258 Issue №19964
Forms of Participation and Powers of the Prosecutor at the Stage of Initiation of a Criminal Case
criminal process
procedural function
procedural powers
prosecutor
initiation of criminal proceedings
Show more
7. Criminal procedure Pages: 162-165 Issue №5413
ON LEGAL REGULATION OF PROCEDURAL POWERS OF HEAD OF AGENCY OF INGUIRY, HEAD OF SUBDIVISION, OF INQUIRE
the chief of body of inquiry
the chief of division of inquiry
the inquirer
procedural status
Show more
5.1.4. CRIMINAL LAW Pages: 279-282 Issue №21250
Participation in Procedural Actions through Video Conferencing: Problems and Solutions, Prospects
video conferencing
investigative actions
security
Internet
protocol
Show more
10. Civil procedure arbitration procedure Pages: 159-162 Issue №5143
SOME PROBLEMS RELATED TO THE RIGHT NOT TO INCRIMINATE HIMSELF OR CLOSE RELATIVES
humanization of law
the criminal process
equality before the law
the right against self-incrimination
right not to testify against close relatives
Show more
11. Theory and history of law and state; History of law and State teachings Pages: 158-161 Issue №7176
THE MANIFESTATIONS OF INFANTILISM IN THE LEGAL ENVIRONMENT LAW
lawyer
the sense of justice
infantilism
legal psychology
legal ideology
Show more
CRIMINAL LAW (5.1.4.) Pages: 233-238 Issue №24238
Concept and Classification of Evidence Presented During Interrogation
evidence
interrogation
credibility
admissibility
relativity
Show more
10. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW 12.00.08 Pages: 234-237 Issue №16787
Some pecularities of the tactics of interrogation of persons who are in the structure of an online drug trafficking store
drugs
online store
organizer
drug courier
operator
Show more
