Participation of a Defence Lawyer in the Conduct of Investigative Actions to Collect Evidence

Abstract

The article's purpose is to analyse the procedural rights and duties of a defence lawyer when participating in investigative activities aimed at gathering evidence. It seeks to clarify the legal framework governing this participation and to identify challenges that may hinder a lawyer's effective involvement. The study aims to provide recommendations for enhancing the existing legislation and its practical application.

The researchers found that, despite legal provisions, investigative authorities often limit defence lawyers' participation in investigative actions through procedural and psychological barriers. These findings highlight a gap between the de jure rights of the defence and their de facto realisation. The study concludes that greater procedural clarity and stronger legal guarantees are necessary to ensure the equality of arms between the prosecution and the defence.

The study's scientific novelty lies in its integrated approach, combining a detailed legal analysis with empirical data from legal practitioners, offering a fresh perspective on a long-standing issue. Its originality stems from the way the study focuses on the practical challenges defence lawyers face and offers unique insights that previous academic work has largely overlooked. The research proposes a new theoretical model to understand and enhance the role of defence lawyers, moving beyond traditional interpretations.

The practical significance of this study lies in its potential to inform legislative reform and judicial practice, ultimately leading to more robust protections for the rights of the accused. The findings provide a valuable resource for legal practitioners, helping them better understand their rights and develop more effective defence strategies. The article's recommendations can contribute to a fairer and more balanced criminal justice system, thereby increasing public trust in the legal process.