Initial Stage Features of the Investigation of Crimes in the Field of Professional Legal Assistance
DOI:
https://doi.org/10.33270/05267202.19Abstract
in the Field of Professional Legal Assistance
Abstract. The article systematizes typical pretexts and grounds for initiating a pre-trial investigation, taking into account the characteristics of crimes committed in the field of professional legal assistance. The features of collecting primary information on criminal offenses of this category are highlighted, taking into account their increased latency, the complexity of detection, and the need for a correct criminal-legal assessment of the established circumstances. The doctrinal approaches to understanding the categories of “pretext” and “ground” for initiating a pre-trial investigation are summarized, their correlation is determined, and it is substantiated that they are interrelated, but not identical legal phenomena. It is proven that the pretext characterizes the source or form of receipt of information about a possible criminal offense, while the ground reflects the presence of sufficient factual data that allows drawing a conclusion about the possible commission of a criminally punishable act. The provisions of the criminal procedural legislation of Ukraine regarding entering information into the ERDR and initiating a pre-trial investigation are analyzed. It was determined that typical reasons for initiating an investigation of crimes in the field of professional legal aid are statements by victims, reports from other persons, results of operational and investigative activities, independent detection of signs of a criminal offense by law enforcement agencies, media materials, journalistic investigations, and publications on social networks. At the same time, the basis for initiating a pre-trial investigation is the presence of specific information regarding threats, violence, damage to property, illegal access to documents, disclosure of the attorney-client privilege, interference with a lawyer's professional activities, or other forms of unlawful influence. It was substantiated that at the initial stage, a professional assessment of the information received by authorized persons acquires special importance, since it is at this stage that the correct criminal-legal qualification of the event is determined and the question of whether there are sufficient grounds for entering information into the ERDR is resolved.
Keywords: pre-trial investigation; legal aid; lawyer; defense attorney; phasing of the investigation.
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