STRENGTHENING OF LAWYER INDEPENDENCE IN CRIMINAL LEGAL PROCEEDINGS

I. N. Chebotareva
2017 Известия Юго-Западного государственного университета  
The article is devoted to changes analysis made in the Code of Criminal Procedure of the Russian Federation by the Federal law No. 73-FZ of April 17, 2017 regarding strengthening of lawyer legal status in criminal legal proceedings. Additional guarantees of lawyer's independence rendering qualified legal aid in criminal legal proceedings brought by this law are revised. It is possible to call this law "lawyer law" because it is devoted to questions of legal regulation improvement of lawyer's
more » ... tus in criminal legal proceedings. And in fact is a reduction of existing Code of Criminal Procedure of the Russian Federation in compliance with legal positions created by earlier Constitutional Court of the Russian Federation. On the basis of changes analysis of the Code of Criminal Procedure of the Russian Federation conclusions on strengthening of guarantees of lawyer independence rendering legal aid in criminal legal proceedings and some critical remarks on the matter are stated. Three blocks of questions which cover changes are allocated: the introduction of the defender in criminal case, lawyer secret, and participation of the defender in proof. Changes concern the following questions: formal obstacles for the defender introduction in criminal trial are eliminated; interrogation of the lawyer is possible only according to the petition of protection side; the person called for questioning which isn't subject to interrogation doesn't acquire the status of witness; search, survey and dredging concerning the lawyer can be carried out only under the judgment at observance of established guarantees; additional guarantees in petition satisfaction declared by the lawyer are established; procedural funds of use of expert help are deposited by the defender.
doi:10.21869/2223-1560-2017-21-4-179-188 fatcat:jdcwkw3ul5fpxk6jjgr5xyfgw4