The defender as a subject of falsification of evidence in a criminal case

Among the subjects to whom the criminal-legal prohibition on falsification of evidence in criminal proceedings is addressed, the defense attorney is named in p. 2 of art. 303 of the Criminal Code of the Russian Federation. At the same time, in the law enforcement the overwhelming majority of guilty verdicts are issued against law enforcement officials, examples of bringing defense attorneys to justice for the relevant act are isolated. This determines the interest in researching the possibility of recognition these persons as subjects of falsification of evidence in a criminal case. A comprehensive research of the provisions of criminal and criminal procedure legislation, doctrinal views on the possibility of extending the criminal law ban on falsifying evidence in a criminal case to a defense attorney, and examples from law enforcement practice were analyzed. A conclusion was made on the impossibility of recognizing a defense attorney as a subject of p. 2 of art. 303 of the Criminal Code of the Russian Federation, since he is not a full participant in the process of proof and cannot attach falsified evidence to the materials of a criminal case by himself.