Concerning the criminal legal protection of the defense right of the suspect (accused) and the relevant legal relationship: a comparative legal analysis

Автор: Viskov Nikolay Viktorovich

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 12, 2018 года.

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The paper draws upon the precepts of criminal law to be created to guarantee the right of defense of the suspect (accused). The relevance of the research is caused, in particular, by the imperfection of the current system of guarantees of the defense right for the suspect (accused), the lack of criminal legal remedies in it. Based on the comparative analysis of the Russian and international criminal procedure and criminal laws, the author considers two main forms of the exercise of the corresponding right: personally and by means of the defender. Considering the possibility of defense without a lawyer, the researcher concludes that it is necessary to introduce into the criminal legislation of the Russian Federation the special rule establishing responsibility not only for obstructing the professional activities of the lawyer but also for the illegal actions making impossible or considerably hindering the exercise of the right of the legal entities to protect their powers in the above-mentioned field.

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Suspect, accused, defender, lawyer, criminal trial, right of defense, guarantees of the right of defense, criminal liability

Короткий адрес: https://sciup.org/149132713

IDR: 149132713   |   DOI: 10.24158/tipor.2018.12.19

Статья научная