Participation of a defender in proof in criminal cases: problems and prospects

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The article is devoted to the study of the role of a lawyer in criminal proceedings, with an emphasis on his participation in the process of proof. The problems and limitations that defenders face when collecting evidence are analyzed, and prospects for improving legislative norms are considered. Particular attention is paid to the question of whether the participation of a lawyer in the process of proof is his right or obligation. The article discusses the differences between the Anglo-Saxon and Continental European legal systems regarding the standards of proof and the distribution of the burden of proof. Changes to the legislation are proposed to ensure equality of the parties and improve the efficiency of justice.

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Lawyer, criminal proceedings, proof, burden of proof, standards of proof, the right and duty of a lawyer, presumption of innocence, adversarial nature of the parties

Короткий адрес: https://sciup.org/170207114

IDR: 170207114   |   DOI: 10.24412/2500-1000-2024-9-1-205-209

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