Problematic issues related to the lawyer’s implementation of the position in the speeches of the parties during the proceedings in court with the participation of jurors

Abstract

The article deals with problematic issues related to the implementation of a lawyer’s position when making an introductory statement and in the debate of the parties in court with the participation of jurors. The author analyzes the question of how the term “defense position in the case” can be defined and how the position is related to the content of speeches. In this regard, the prohibitions that are related to the content of this legal institution are considered, as well as the range of information that cannot be reported, since they are outside the positions of the parties. Based on the analysis of examples from judicial practice, the author comes to the conclusion that, based on the content of the introductory statement and its “positional” component, it is forbidden to analyze the positions of the parties in the introductory statement, to make judgments about the quality of the investigation and to evaluate the evidence. The article raises the question of what are the limits of the presentation of the factual circumstances of the case in the introductory statement and whether it is possible to refer to the norms of law in it. It is noted that the limits associated with the justification of the position in court debates are of great importance.