Concept and Satisfaction of Employment in the Criminal Proceedings
Abstract
The purpose of the article: to determine the essence of the lawyer's mistakes in the criminal proceedings, to outline their characteristic features, based on which to develop the concept of such kind of errors. Methodology. Methodological basis of the article consisted of methods and techniques of scientific knowledge. Their application conditioned by a systematic approach, which makes it possible to consider research problems in the unity of their social content and legal form. The historical-legal method used to find out the state of scientific research of the activity of a lawyer in a criminal proceeding. The method of system analysis, as well as systemic-structural and formal-logical methods have allowed to reveal the essence of mistakes in the activities of a lawyer in criminal proceedings. Methods of statistical and documentary analysis used to identify positive and negative trends when considering mistakes during pre-trial investigation and trial. The methods of modelling and forecasting used to formulate proposals for the improvement of certain theoretical provisions related to the concept and legal nature of the lawyer’s mistakes in criminal proceedings. The scientific
novelty consists of: formulating a conceptual, theoretical concepts and important for legal practice provisions and conclusions relating to clarifying the legal nature of lawyer’s mistakes in criminal proceedings, their scientific interpretation, identifying characteristics and developing their concept in order to develop criminal procedure mechanisms for identifying, correcting and preventing such mistakes.Conclusions. Taking into account the analysis of different views, positions and approaches of scientists, in order to define the concept of «lawyer’s mistake», it is important to keep in mind the following: 1) admitted by a lawyer during law enforcement activities; 2) creates obstacles, conflicts with the interests of the client; 3) is to deviate from a certain procedural order, or in the wrong implementation of the provisions of the legislation, inaction, commit other violations; 4) can be identified as a false competent person or body; 5) is eliminated by legal means, which are implemented in the procedural order.On the basis of the foregoing, one can give the following detailed definition of the lawyer's mistake in criminal proceedings as an unreasonable act (activity) or inaction of a lawyer, which consists of a deviation from a certain strategy, misapplication of the provisions of the criminal procedural law, or misapplication of the provisions of the law, the commission of other violations, which caused a negative result for the client.
Keywords: lawyer; defender; mistake; pre-trial investigation; trial; defense tactics; strategy.
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