The Defender’s Activities in Appealing the Application of Detention as a Measure of Restraint
Year: 2024
Type: article
Abstract: The study examines certain characteristics of the defender’s activities in contesting the application of detention as a measure of restraint, highlighting the low effectiveness rates associated with this procedural endeavor, which underscores the relevance of the chosen subject matter. An active procedural stance taken by the de-fender, filing appeals on behalf of the accused, taking measures to advance these appeals within the proce-dural field, using all judicial instances, formulating arguments, substantiating claims, submitting documents to the court, and participating in hearings constitute vital and substantial components of their professional duties and serve as an effective means to ensure the efficiency of the appeals process. Based on the results of the study, a number of conclusions are made. Specifically, the term “powers” in relation to the defender is identi-fied as a poor example of legislative technique due to its failure to reflect the defender’s actual procedural posi-tion. Furthermore, the title of Article 53 of the Criminal Procedure Code of the Russian Federation contradicts its content, indicating the need for amendment. It is argued that the procedural opportunities of the defender should be referred to as “rights” within the framework of the criminal procedural law. In addition, based on the results of the analysis, the author’s understanding of the defender’s right to appeal the measure of restraint in the form of detention is given.
Author: Svetlana V. Rudakova
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405281869