Problematic aspects of involvement and participation of a defense attorney during a special pre-trial investigation (in absentia)

The article examines the problems that arise with involvement and participation of a defense attorney during special pre-trial investigation. It has been established there is an inconsistency in legislation between general procedure for criminal proceedings regulations regulating investigation (in absentia). In order to eliminate this ensure suspect’s right defense, it proposed make appropriate changes Criminal Procedure Code.The position scientists regarding need involve supported from moment investigator, agreement prosecutor, or prosecutor appeals investigating judge request carry out At same time, based on analysis court decisions, was concluded usually investigator turns secondary legal aid center attract time notification suspicion application such actions prosecution are positive, as review analyze materials proceedings, reports other procedural documents.The supported, who point defender, absence acquaintance communication client, should choose opposite side prosecution. deny decision, inaction grounds, which ensures activeness suspect implementation principle competition proceedings.It adoption decision conduct investigation, violations rights suspects principles allowed, consists non-involvement counsel, passive counsel’s support prosecution’s position. This indicates violation may lead appeal all subsequent decisions.