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On the right of a witness to a lawyer: questions of theory and practice

Verkhoturova Svetlana Vladimirovna  (Candidate of Law, Associate Professor, Associate Professor of the Criminal Law Disciplines Department of Tyumen State University)

Komarov Vyacheslav Borisovich  (Candidate of Law, Associate Professor of the Criminal Law Disciplines Department of Tyumen State University, lawyer of the Advo-kats of the Ural Federal District Board, specialized branch of "Yurprofi")

The authors investigate the theoretical and practical issues of the participation of a lawyer providing legal assistance to a witness in criminal proceedings. The need for the legislator to adopt criminal procedural norms regulating the procedural status of a lawyer providing legal assistance to a witness is substantiated. The article provides an analysis of a number of procedural violations against witnesses and other participants in the process on the part of investigators, interrogators in criminal proceedings. The authors believe that the main reason for such violations is precisely the lack of sufficient criminal procedural regulation of the procedural status of the witness's lawyer. In order to solve the problems associated with the participation of a witness advocate, the authors have formulated a number of recommendations for their resolution and propose to supplement the current criminal procedure law with relevant norms on the legal status of a witness advocate.

Keywords:criminal procedure, witness, witness lawyer, investigator, interrogator.

 

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Citation link:
Verkhoturova S. V., Komarov V. B. On the right of a witness to a lawyer: questions of theory and practice // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2021. -№12. -С. 143-148 DOI 10.37882/2223-2974.2021.12.04
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