Participation of the defender according to 1864 Regulations of Criminal Procedure

A. A. Scherbakova
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Abstract

In connection with the adoption of the Regulations of Criminal Proceedings, it became possible to study and study the procedural status of participants in criminal proceedings, including the defense lawyer. In this connection, the author examines his procedural status from the perspective of the rights and obligations available during the period under review, and also analyzes the possibility of him realizing his criminal procedural function. Examining the norms of the Regulations of Criminal Proceedings, the author comes to the conclusion that the defense attorney could enter into a criminal case by appointment or invitation, and had both his own rights and those granted to the parties as a whole. At the same time, the rights of the defense attorney, as a rule, correlate with the rights of the defendant, and the rules of law emphasize the simultaneous participation of the defense attorney and the defendant.The purpose of this article is to examine the position of the institution of defence during the period of duration of the significant document in the sphere of russian criminal procedure — Regulations of Criminal Proceedings. In this article the object of consideration is the legal rules of the Regulations of Criminal Proceedings, which the participation of the defender in criminal cases is subject to. As an example, the author gives legal practice of the Councils of Barristers, which could clarify the provisions of the Charter of Criminal Proceedings regarding the participation of a defense attorney in criminal cases
根据 1864 年《刑事诉讼程序条例》,辩护人的参与
随着《刑事诉讼条例》的通过,对包括辩护律师在内的刑事诉讼参与人的诉讼地位进行研究成为可能。为此,作者从审查期间可享有的权利和义务的角度研究了其诉讼地位,并分析了其实现刑事诉讼职能的可能性。通过考察《刑事诉讼条例》的规范,作者得出结论认为,辩护律师可以通过指定或邀请的方式参与刑事案件的审理,既享有自己的权利,也享有当事人作为一个整体所享有的权利。同时,辩护律师的权利通常与被告人的权利相关联,法律规则强调辩护律师和被告人的同时参与。本文旨在研究在俄罗斯刑事诉讼领域的重要文件--《刑事诉讼条例》--有效期内辩护机构的地位。本文的研究对象是《刑事诉讼条例》的法律规则,辩护人参与刑事案件须遵守这些规则。作者举例说明了大律师委员会的法律实践,这些实践可以澄清《刑事诉讼法典》中关于辩护律师参与刑事案件的规定。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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