Procedural Form of Defense Counsel Participation in Establishment of Evidence in Pre-Trial Proceedings Requires Optimization

Criminal procedural proof, which is the core of pre-trial proceedings, on one hand, predetermines justice final court decision in a criminal case, other able to protect person from illegal and unreasonable prosecution timely manner. The achievement this direct correlation with capabilities defender effectively participate such establishment evidence. However, study opinions academia, practitioners generalization results investigative practice, judicial statistics has led belief that course evidence case there exists an discretion investigator interrogating officer over guarantees individual’s right protection enshrined procedure law. defense counsel, despite strengthening these by Federal Law April 17, 2017 No. 73‑FZ, not yet overcome accusatory bias investigator, interrogator properly defend suspect, accused. author makes proposal solve problem, taking into account features modern form (type) proceedings.