Participation of the Defender in the Pre-Trial form of Appeal

Abstract

Relevance. Appeal in criminal proceedings is extended to all stages and proceedings. The right to appeal has been elevated to the rank of a criminal procedural principle and is included in the procedural status of almost every participant. The scale of the implementation of the right to appeal, the lack of uniform practice and its proper provision determine the relevance of research in this area. A special place in the system of ensuring the right to appeal is occupied by the defender, who does not always have both sufficient powers and means of their implementation.The purpose of the study is to determine the optimal legislative regulation of the procedural status of a defender in a pre-trial criminal procedural appeal.Objectives: study of theoretical developments and provisions of criminal procedure legislation in terms of regulating the procedural status of the defender in the field of appeal; development of the author's position on the proper and possible procedural position of the defender in this area.Methodology. Traditional general scientific, private scientific and special methods were used.Results. A set of new knowledge about the procedural potential of a defense lawyer in criminal procedural appeal at the pre-trial stages of criminal proceedings.Conclusions. To optimize the procedural regulation of the defender's status and to ensure proper assistance to the principal in the implementation of appeal actions. It is offered: supplement Part 5 of Article 125 of the Code of Criminal Procedure with the powers of the court to decide on the return of the complaint for its resubmission; determine the specific grounds for leaving the complaint without consideration (adding Article 125 of the Criminal Procedure Code of the Russian Federation with a new part 5.1); supplement the content of Article 123 of the Criminal Procedure Code of the Russian Federation with a new part 1.1 – requirements for drawing up a complaint.In the field of appeal, it is necessary to actively introduce digital resources. To do this, it is necessary to establish additional requirements for the design and content of an electronic complaint, to ensure the preservation of attorney-client confidentiality when forwarding, storing an electronic document, archiving it, etc.