Participation of a lawyer in the collection of evidence and the process of proof in a criminal case: provisions of the criminal procedure code of the Russian Federation and their application in reality

Abstract

The problem of the legislative provision on the collection of evidence by the defense attorney and the designation of this formulation as a legislative fiction is considered; the difference between the concepts of «advocate» and «defender» and the issue of the participation of the attorney in the process of proving in a criminal case are examined; a solution to the identified problem is proposed.