A counsel as a participant of criminal proceedings

Usually as an advocate in criminal proceedings acts a counselor, whose rights and duties are discussed in detail in the article. The author carries out a comparative analysis of two opinions prevailing in the jurisprudence regarding the nature of the counselor’s activities. The essence of the first one is the equation of counselor’s rights with the rights of an investigator and an inquiry officer in the course of investigation process. Followers of the second opinion argue the need for restriction of the counselor’s activities by providing the one with characterizing materials and other evidences relevant to the case, and insist that only the investigator or the inquiry officer may collect evidences in the case.