The Concept and System of Forensic Support for the Lawyer’s Activities
Abstract
Abstract. The article provides a comprehensive theoretical and applied analysis of the concept, content, and system of forensic support for a lawyer’s activities in criminal proceedings. It is substantiated that modern transformations of crime, the spread of digital technologies, electronic evidence, and the latest technical means of recording and processing information necessitate a rethinking of the role of the lawyer in criminal proceedings and the development of new forensic recommendations for his professional activities. It is established that the activities of a lawyer in criminal proceedings are not limited to the implementation of the protection function, but also include the representation of the victim, witness, civil plaintiff, civil defendant, and legal entity in respect of which the proceedings are being conducted. It is proven that the forensic support for the lawyer’s activities is universal in nature, but at the same time must take into account the peculiarities of the specific stage of criminal proceedings, the subject of evidence, the procedural status of the person, and the nature of his legal interest. The main scientific approaches to understanding forensic support have been analyzed, and it has been established that its content traditionally correlates with the general structure of forensics and includes technical-forensic, tactical-forensic, and methodological-forensic areas. It has been emphasized that technical-forensic support of a lawyer’s activities is associated with the use of special knowledge, digital technologies, electronic evidence, information resources, and technical means of recording and studying evidentiary information. The tactical-forensic direction covers the application of methods of participation in investigative (search) and judicial actions, the formation of a legal position, the prediction of procedural situations, and the response to counteraction and the neutralization of accusatory bias. Methodological-forensic support involves the development of practical recommendations for the lawyer’s activities depending on the category of criminal offense, the stage of proceedings, and the procedural status of the person he represents. The author's definition of forensic support for a lawyer's activities in criminal proceedings is formulated as a system of scientifically based provisions in the field of application of scientific, technical, and tactical forensic means aimed at ensuring the effective implementation by a lawyer of the function of protection, representation, or provision of legal assistance during pre-trial investigation, court proceedings, and other procedural actions related to criminal proceedings. The need to develop recommendations for a lawyer's work with digital evidence, data from mobile devices, social networks, messengers, video surveillance systems, and other sources of digital information is emphasized.
Keywords: forensic support; lawyer; defense; defense attorney; collection of evidence; technical and forensic support; methodological and forensic support.
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