Maslyuk O. Advocate’s Procedural Activity of Refuting Suspicion (Accusation).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U002352

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

03-05-2018

Specialized Academic Board

К 35.052.23

Lviv Polytechnic National University

Essay

The thesis is devoted to the study of theoretical and practical provisions related to the advocate’s procedural activity of refuting suspicion (accusation) as well as to the formation on this basis of scientifically sound suggestions to improve the legal regulation of this activity as well as to increase its efficiency. Therefore, the advocate’s duties of refuting suspicion (accusation) form a system of obligatory norms of conduct in the criminal proceedings providing for the efficiency of the activity due to its exact conformity with the law and professional ethics. It has been ascertained that one of the priority directions of the advocate’s above-mentioned activity is to determine the circle of persons to be interrogated during the court hearing to refute accusation. Possibilities are studied to refute accusation by the advocate in the process of investigation. Special attention is paid to the peculiarities of the advocate’s participation in the court interrogations. To refute accusation the advocate performs his tasks during direct examination of the defence witnesses, cross-examination of the victim and prosecution witnesses, as well as while examining the defendant. The author supports and scientifically substantiates the point of view that the defending value of the defendant’s evidence is determined by the questions the advocate asks him/her.

Files

Similar theses