Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Yusupova67 Завантажень: 33, розмiр: 320.5 KB

DOI: https://doi.org/10.33994/kndise.2022.67.33

K. Yusupova

The forensic aspects and criminal procedural guarantees for the participation of a defense counsel in criminal proceedings against minors are considered. Classified guarantees for the participation of the defender of minors are divided into three levels: constitutional, legislative, departmental, as well as basic and additional. For high-quality use by lawyers-defenders of juvenile forensic tools and methods of their effective participation in the investigation of offenses committed by teenagers, the need to introduce special training in juvenile specialization for the corresponding category of lawyer-defenders is noted.

Criminal procedural guarantees for the participation of a defense counsel in criminal proceedings against minors are classified into basic (ensuring the right to defense; mandatory participation in criminal proceedings of a defense counsel; observance of the rights to freedom and personal integrity, etc.) and additional (extended subject of proof in criminal proceedings regarding minors; the conditions for conducting interrogation, the application of certain measures to a minor suspect, transferring him under supervision, etc.).

To effectively ensure criminal procedural guarantees for the participation of a defense counsel in criminal proceedings regarding minors, it is advisable: the introduction of special training for lawyers on the specifics of participation in criminal proceedings against minors, the development, and introduction of a single standard for specialized training of defense lawyers who are involved in providing legal assistance of various types in criminal proceedings regarding minors.

Key words: lawyer, defender, juvenile prevention authorities, criminal proceedings against minors, criminal procedural guarantees.