Implementation of the procedural protection function when the evidence is checked and evaluated on the preliminary investigation

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The article attempts to study the role of the defense counsel, and in general, the implementation of the procedural function of the defense in verifying and evaluating evidence at the stage of preliminary investigation. Based on the results of the analysis of the provisions of the criminal procedural legislation governing the process of proving during the preliminary investigation, the forms and features of such participation are identified. The author comes to the conclusion that the participation of the defender in the verification and evaluation of evidence is the most important way to implement the procedural function of the defense. In order to legislate the right of the defense party to participate in the verification and evaluation of evidence, the author formulates proposals for amending the current criminal procedure legislation.

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Defender, proof, evidence, verification and evaluation of evidence, participation of the defense counsel in proving, procedural function of the defense

Короткий адрес: https://sciup.org/14127103

IDR: 14127103   |   DOI: 10.47475/2311-696X-2023-10210

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