Anticipatory verification of the versions of the defense in criminal cases of bribery and constructive interaction between the investigator and the lawyer
Автор: Garmaev Yu.P., Polyakov I.M.
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 2 (67), 2024 года.
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The article, based on previous research on the tactics of anticipatory alibi verification and other versions of the defense, examines the features of the application of appropriate tactics and tactical operations in cases of bribery. Using a specific example of investigation and professional protection in a criminal case of bribery, a typical investigative situation (and ways to solve it) is considered, in which the accused admits guilt and even cooperates with the investigation, but may later change his testimony. The authors argue that in such a situation, the investigator should not relax. In this context, the typical manifestations of the notorious accusatory bias are analyzed, which consists in the disregard by representatives of the prosecution and the court of evidence in favor of the accused, in the unwillingness to verify and take into account the arguments of the defense. Typical defense strategies and tactics are also demonstrated, which can lead to unfavorable results for the investigation. The features of the defense tactics are analyzed depending on the level of qualification of the lawyers who entered the case and the presence/absence of their professional specialization in cases of corruption and official crimes. A model of a four-stage algorithm for a tactical operation to verify protective versions of bribery cases by an investigator is proposed. This model includes an important element - effective and constructive interaction between the investigator and the lawyer. The key stage of the tactical operation algorithm is the stage of the investigator's assessment of the judicial perspective on a criminal case and making legal and tactical decisions, often in cooperation with a lawyer. In addition, the investigator, predicting the development of the investigative situation, if there are reasonable doubts about the judicial perspective of the case, may initiate an interdepartmental meeting.
Investigation of bribery, corruption and official crimes, versions of innocence, accusatory bias, defense strategy and tactics, interaction between investigator and lawyer, tactical operation, anticipatory verification of versions, judicial perspective in a criminal case
Короткий адрес: https://sciup.org/140305951
IDR: 140305951 | DOI: 10.52068/2304-9839_2024_67_2_63