Abstract
The article analyzes the procedural function of a defense lawyer in criminal proceedings. The paper raises the issues of correlation between the concepts of ‘qualified legal assistance’ and ‘advocacy’ in general, as well as in a criminal case, in particular. The author investigates the provisions of criminal procedural legislation and doctrinal sources which define the essence of procedural actions of the defense counsel in criminal proceedings, pointing out the incompleteness of the Criminal Procedural Code of the Russian Federation as well as the positions of scholars which can be criticized in connection with the definition of procedural tasks which the defense lawyer pursues while carrying out his professional activities. The institute of defense in a criminal case is touched upon, the content of which is compared with the content of the concept of ‘defense activity’. The author concludes that the current wording of the Criminal Procedure Code of the Russian Federation does not correspond to the current social relations in terms of the subject of the article; gives the author's understanding of the functional purpose of the defense counsel in criminal proceedings; points to the correct, according to the author, the ratio of concepts ‘qualified legal assistance’ and ‘activities of a lawyer in criminal cases’.
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