Advocacy and notary office. Strategy and tactics of a lawyer’s work at the stage of preliminary investigation of a criminal case (the most important)

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Advocacy and notary office. Strategy and tactics of a lawyer’s work at the stage of preliminary investigation of a criminal case (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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7. Strategy and tactics of a lawyer at the stage of preliminary investigation of a criminal case

The main goal of a lawyer’s activity is to respect the rights of the client. The directions contributing to its achievement are the following:

1) exclusion of unreasonable prosecution;

2) mitigation and adequacy of punishment in case of its inevitability.

For the most effective implementation of the functions of protection at the stage of preliminary investigation, the lawyer carries out his activities in certain forms:

1) giving advice to the client;

2) development of the direction of protection;

3) participation in investigative actions;

4) interaction with law enforcement agencies;

5) establishing contact with a representative of the injured party, working out possible cases of compromise (peaceful regulation);

6) appeal against the actions of law enforcement officials;

7) conducting a legal investigation;

8) analysis of evidence in terms of admissibility, relevance, reliability, sufficiency.

According to part 3 of Art. 86 of the Code of Criminal Procedure of the Russian Federation, a lawyer is subject of proof.

The proof carried out by a lawyer in criminal cases is unilateral in nature - it is aimed at protecting the rights and interests of the suspect, the accused, the defendant. This circumstance plays a decisive role in determining the circumstances that he has to establish in a particular criminal case.

Based on the defense tactics developed in a criminal case and agreed with the client, the lawyer determines the scope, sequence and stage of presentation of evidence collected in the interests of defending the suspect, accused, defendant.

One of the ways for a lawyer to provide evidence in pre-trial proceedings is to participate in the proceedings investigative actions. Here, the lawyer’s goal is to identify circumstances and evidence that influence the resolution of the question of the defendant’s guilt, the qualification of the act committed by him, the type and amount of responsibility or release from it.

With regard to the stage of familiarizing the lawyer with the materials of the completed preliminary investigation, practice and theory have developed a number of methodological recommendations, the implementation of which is determined by the moment the lawyer enters the case. If he participates in the case from the moment the suspect is detained or the person is brought in as an accused, then first of all, one should begin to study the materials related to the accusation of the person defended by the lawyer, carefully and carefully study the decision to bring him in as an accused. This will make it possible to determine which volumes of the case materials and to what extent are to be studied.

Authors: Nevskaya M.A., Shalagina M.A.

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