The defender as a subject of collecting evidence in criminal pre-trial proceedings

Abstract

Relevance of the study. The effectiveness of pre-trial proceedings and the quality of the evidence collected are of crucial importance for further legal proceedings. This emphasizes the need for strict adherence to procedural rules and regulations at the preliminary investigation stage in order to ensure the legality and validity of all collected materials, which in turn affects the fairness and quality of justice.

The purpose of the article is to preserve certain problems of evidence collection by the defense attorney in criminal proceedings, as well as to substantiate the need for reforms in this area.

Results. The article analyzes special evidence collection in criminal proceedings and studies of defense capabilities at this stage. The authors of the study are scientists who advocate for providing the lawyer with participation in the process of collecting evidence, and arguments against this position. Problematic issues of the lawyer's participation as an independent subject in this procedural action are identified.

The author concludes that the defense attorney does not have the authority to conduct investigative actions; His activities are limited to familiarization with the materials of criminal cases, their analysis and preparation to ensure evidence of exclusion already at the stage of judicial investigation. A full-fledged subject of the assessment activity of a defense attorney can only be considered in a personal process. The need for reforms should be discussed taking into account all aspects of the development of the system in order to avoid negative consequences for justice and the protection of the rights of participants in the criminal process. It is important to seek a balance between the interests of the prosecution and defense, while maintaining the integrity and effectiveness of criminal proceedings.