- Journal Issues
- № 2 2016 Procedural, criminalistic and organizational and legal problems of advocate activity
- Actual issues of criminalistic providing of the advocate activity
- Criminalistics providing of the attorney during the interrogation of defendant
Criminalistics providing of the attorney during the interrogation of defendant
Review
The article discusses the role and characteristics of criminalistics providing of the attorney during the interrogation of his client. The author defined criminalistics providing as fulfilling of needs in the gathering, verification and evaluation of evidence in order to establish the subject of proof by technical equipment, tactical remedies and criminalistics methods during the investigation and trial of criminal offenses, legal proceedings, and the adoption of procedural decisions in criminal proceedings.
The article deals also the role of the advocate in preparation for the interrogation and directly during interrogation. It determined what criminalistics technical equipment, tactical remedies and methods used by a lawyer at all stages of interrogation and how they are important to the process of questioning his client. Determined that the interrogation person is one of the most common investigative (search) actions during an investigation aimed at collecting evidence, because without it did not do any criminal proceedings.
It is noted that in the case of tactical "presenting material evidence" lawyer should also bring attention to whether it really is items that are designed and packaged as evidence, or does not use similar items investigator, "accidentally" showing them.
The attorney is a guarantor of the rule of law by investigators during interrogation. Therefore, the lawyer criminalistics providing (his forensic knowledge, education, experience) depends on the performance of his participation in the investigation (search) action, legitimacy, lack of abuse by the investigator, prevent any violations of the rights of the defendant.
The article emphasizes that from the activities of a lawyer during interrogation depends on whether its results (interrogation protocol) declared admissible evidence in criminal proceedings.
Keywords: сriminalistics providing, attorney, defender, advocacy, interrogation.