Abstract

This article analyzes the role and importance of the defence counsel in proving criminal cases, the history of legislative acts and the opinion of scientists on the settlement of this issue, legal gaps in legislative acts, and problems of practice. In particular, the Criminal Procedural Code of the Uzbek SSR does not specify the right of the accused to defence. Only by the decision and consent of the prosecutor was the defence lawyer allowed to participate in the case from the moment the charges were brought. Under the conditions of independent Uzbekistan, the status of lawyers has been raised, but the laws do not create sufficient opportunities for the full protection of the rights of individuals. The law does not regulate the procedure for a lawyer to obtain data of evidentiary value, secure it and provide it to the investigating authority. In addition, there is no consensus on the issue of including a lawyer in a number of subjects for collecting evidence. Measures have not been taken to prevent cases of groundless refusal of a lawyer’s petition. Based on the analysis, substantiated proposals for the empowerment of a lawyer are presented.

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