IS THERE A NEED FOR A NON-LAWYER ADVOCATE IN THE INVESTIGATION?

Abstract

The article analyzes the existing criminal procedure legislation and the practice of its application on the possibility of participation of a sublawyer in the preliminary investigation. Currently, due to the lack of clarity in the legislative regulation of this issue, law enforcement practice proceeds from the fact that a non-lawyer can participate as a defender only in the judicial stages of the criminal process. However, the prohibition of the accused to use the help of a non-lawyer in pre-trial proceedings limits his right to defense and violates his right to defend himself in all ways not prohibited by law. Moreover, in this particular case, there is no balance between the rights of the accused and the victim. The victim has the right to use the assistance of a non-lawyer representative throughout the criminal process, and the accused is given a similar right in fact only in court proceedings, which is inconsistent with the principle of procedural equality of the parties. Proceeding from all the above, it follows that the law should be amended to provide for the right of the accused to use the help of a sublawyer and during the preliminary investigation. The requirement of admission as a defense counsel to a non-counsel is the prerogative of the criminal person who is prosecuted through his will. A procedural decision on the admission of a non-lawyer defender, taking into account the opinion of the accused as much as possible, must be taken by the subject of authority, in whose proceedings the criminal case is at the time of the application of the relevant petition.

In the work, the corresponding bill, which gives the prosecutor the right to decide on the admission to participation in the investigation of a lawyer-non-lawyer, is criticized, the original version of h. 2 tbsp. 49 of the Code of Criminal Procedure of the Russian Federation, taking into account all proposed changes. The following conclusions are justified: First, the accused has the right to use the assistance of a non-lawyer, regardless of the stage of criminal proceedings; secondly, the law should be amended clearly and clearly allowing for the realization of this right by the accused during the preliminary investigation, third, realizes this right by the accused through his will, the maximum account of which is the basis of the decision of the law enforcement, based on objective grounds - the ability and real possibility of the person being introduced to render precisely legal assistance; fourth, the procedural decision to admit this participant in the criminal process must be made by the person in whose proceedings the criminal case is