Obtaining Evidence by the Defense Counsel: Certain Ways to Resolve Existing Problems

Abstract

A defense counsel plays an essential in the implementation of international standards for protecting human rights and fundamental freedoms. The legal literature and court practice have repeatedly emphasized the fact that the scope of authority of a defense counsel to defend a suspect or accused is limited and does not meet the principles of equality of arms, adversariality, etc. However, most of the proposed recommendations and suggestions remain unimplemented. We stress the issue of obtaining evidence by the defense counsel in a criminal proceeding at all stages of defense. In this respect, the Article Purpose is formulated as clarifying the state of legislative support for obtaining evidence by a defense counsel in a criminal proceeding, presenting a proposal for improving the system of criminal procedure legislation.