Forms and methods of participation of the defense attorney in the formation of personal evidence in a criminal case in court

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The final stage of forming personal evidence collected by the parties during pre-trial proceedings in a criminal case takes place in court. The forms of participation of the defense attorney in formation of personal judicial evidence are, firstly, interrogations, and secondly, petitions, complaints, statements, through which he can influence the formation of this evidence. The author suggests measures to ensure the freedom of the defender in determining the subject and limits of interrogations of participants in criminal proceedings. The second form of the defender's participation in the formation of personal judicial evidence can be considered auxiliary, since the petitions, complaints and other expressions of will submitted by the defender do not directly lead to the formation of personal evidence, but open up the possibility for the defender to do so.

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Personal evidence, formation of personal judicial evidence, defense attorney, judicial interrogations, questions, petitions

Короткий адрес: https://sciup.org/147251183

IDR: 147251183   |   DOI: 10.14529/law250201

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