Advocate’s secret and realization of the right to the qualified legal aid in criminal procedure of Russia
Автор: Zakomoldin Alexey Valeriyevich
Статья в выпуске: 6 (7), 2013 года.
Purpose: Consideration of advocate’s secret as implementers of the right to a legal aid by criminal cases production Methodology: The author applied formal-legal and comparative-legal methods. Results: In article features of realization of advocate’s secret are investigated and possibility of its violation for the good of public concerns is considered. It is established that the advocate’s secret is the particular legal regime which contents is the ban on illegal receiving and use by the third parties of any data connected with rendering by the advocate of a legal aid to the principal, and also a ban on a misuse of these data contrary to will of his principal. The author comes to a conclusion that the decision on disclosure by advocate of data on the committed crime is inadmissible under no circumstances, and the decision on disclosure of data on a preparing crime to the advocate should be made on the basis of own moral and ethical ideas of a measure of the due. Novelty/originality/value: Article has a certain scientific value as contains author’s generalizations possessing scientific novelty.
The qualified legal aid, protection, criminal procedure, advocate's secret, lawyer, attorney, counsel, barrister, advocate, advocacy, legal profession, bar
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