Abstract
One of the manifestations of the adversarial principle is the legal definition of the investigator as the body of criminal prosecution. The investigator should be exempted from even the partial “two-facedness”, i.e. the investigator should collect only accusatory evidence and carry out other accusatory actions. In addition, it is necessary to determine the mechanism for collecting evidence by the defense attorney in the absence of the voluntary consent of the person (or organization) with evidentiary information to cooperate with the defense lawyer. If there is no such consent, then the defense attorney, as a subject of the defense function, must use the rights granted to him/her to collect independently the evidence necessary for the subsequent contest with the prosecutor in court. In the case when it is not possible to collect evidence due to the lack of consent of the persons in their presentation, the defense attorney should be given the right to seek assistance from the investigator.
Published Version
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