Participation of the defender according to 1864 Regulations of Criminal Procedure

Abstract

In connection with the adoption of the Regulations of Criminal Proceedings, it became possible to study and study the procedural status of participants in criminal proceedings, including the defense lawyer. In this connection, the author examines his procedural status from the perspective of the rights and obligations available during the period under review, and also analyzes the possibility of him realizing his criminal procedural function. Examining the norms of the Regulations of Criminal Proceedings, the author comes to the conclusion that the defense attorney could enter into a criminal case by appointment or invitation, and had both his own rights and those granted to the parties as a whole. At the same time, the rights of the defense attorney, as a rule, correlate with the rights of the defendant, and the rules of law emphasize the simultaneous participation of the defense attorney and the defendant.

The purpose of this article is to examine the position of the institution of defence during the period of duration of the significant document in the sphere of russian criminal procedure — Regulations of Criminal Proceedings. In this article the object of consideration is the legal rules of the Regulations of Criminal Proceedings, which the participation of the defender in criminal cases is subject to. As an example, the author gives legal practice of the Councils of Barristers, which could clarify the provisions of the Charter of Criminal Proceedings regarding the participation of a defense attorney in criminal cases