Journal of Siberian Federal University. Humanities & Social Sciences / The Line of Defense is a Means of Enforcement of the Position of the Defense in Pre-Trial Proceedings in a Criminal Case

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2022 15 (8)
Authors
Bayanov, Alexander I.; Garmaev, Yury P.; Nazarov, Alexander D.
Contact information
Bayanov, Alexander I.: Siberian Federal University Krasnoyarsk, Russian Federation; Garmaev, Yury P.: Buryat State University Ulan-Ude, Russian Federation; Nazarov, Alexander D.: Saint Petersburg State University Saint Petersburg, Russian Federation;
Keywords
defensive position; defensive line; defensive strategy; defensive tactics; defensive line style; demeanor of the lawyer
Abstract

The article analyzes the relationship between the concepts of “defense position” and “line of defense” used in regulatory enactments, which is found in scientific literature. It is concluded that it is necessary to separate these concepts. It is proposed to consider the line of defense in the form of two interconnected parts: logical (internal) and effective (external). The logical part of the line of defense is represented by strategy and tactics and consists of a set of individual defense tasks. It defines the logical direction in achieving the chosen defense position. The effective part of the line of defense is formed from procedural and other actions not prohibited by the legislation of the Russian Federation, aimed at solving the problems of defense. The list of procedural actions is determined by the Criminal Procedure Code of the Russian Federation and the Federal Law “On advocacy and the legal profession in the Russian Federation” and is exhaustive. Other actions of a lawyer that do not contradict the law are recommended in reference, methodological and scientific literature on defense issues. It is concluded that the effective part of the defense line is characterized by the style and demeanor of the lawyer. Thus, the line of defense is presented in the form of a complex structure linking the logical and effective parts of the defense lawyer’s activities. The main types of the line of defense in criminal cases at the stage of pre-trial proceedings are given, factors influencing their content are considered. At the same time, attention is drawn to the fact that the line of defense must undoubtedly be a means of protecting the rights and legitimate interests of the client. At the same time, in situations where the rights and interests of the client are not damaged, the lawyer, when choosing a line of defense, must take into account the rights and legitimate interests of other participants in criminal proceedings. Thus, the line of defense can be viewed not only as a complex, but also as a balanced means of forming a defensive position

Pages
1194–1203
DOI
10.17516/1997-1370-0922
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/147474

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