- Journal Issues
- № 4 2016 Actual problems of criminal justice
- Problems of criminal procedure
- Concerning the definition and types of the criminal procedural guarantees of the defender as a subject of proving in the pre-trial investigation
Concerning the definition and types of the criminal procedural guarantees of the defender as a subject of proving in the pre-trial investigation
Review
The article on the results of the analysis of domestic and foreign scientific sources, the current provisions of the criminal procedural legislation of Ukraine defines the concept and types of criminal procedural safeguards defender as a subject of proof in the pre-trial investigation.
The criminal procedural safeguards of criminal procedural guarantees of advocacy were stated in the article.
We give the definition of proof counsel in pre-trial investigation, during which the author understands the criminal procedure law regulated informative and practical, mental activity defender, which is to obtain evidence and to use them to justify their legal position, which is due to its own object, subject, aim , objectives, means of proof to achieve the desired result in pre-trial investigation.
It is noted that criminal procedural safeguards defender as a subject of proof in the pre-trial investigation is regulated by criminal procedure law provided that the implementing authority provide defence counsel as subject of proof when receiving evidence and using them to justify their own legal position in the pre-trial investigation.
In conclusion, criminal procedural safeguards defender as a subject of proof in the pre-trial investigation advisable classified as follows: 1) the source of regulatory consolidation; 2) on the legal status of the defender; 3) the stage of proof in the pre-trial investigation; 4) by means of obtaining evidence in pre-trial investigation; 5) for the purpose of legal proceedings; 6) according to the type of evidence that receives and uses the back; 7) on the subject, which gives a proof protector.
Key words: criminal procedural guarantees, defender, subject, proof, pre-trial investigation.