CONFLICT OF INTERESTED PROTECTION AND DEFENSE, ACCUSED, AND ITS CONSEQUENCES
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 2
Abstract
The analysis of legislative, theoretical and practical problems arising from the conflict of interests of the defender and the suspect, the accused, the consequences and weight of such a contradiction are analyzed. The relevant legislative acts, rules of lawyer's ethics concerning normative regulation of legal relations, generated by conflict of interests of the defender and the suspect, the accused; the relation between the concepts of “conflict of interests” and “contradiction of interests” is determined; revealed gaps in legal regulation of this area of criminal procedural legal relations. It is stressed that the conclusion on the interests of the suspect or accused is made by the investigating judge, the court is not based on the statement of the lawyer or the defendant and the information voluntarily communicated by them, and on the basis of the assessment of any other evidence, the establishment of a conflict of interest represents a particular difficulty. It has been found out that the reason for the removal of a counsel in a criminal proceeding can only be the fact that the conflict of interests of the trustees is established, and not the threat of its occurrence. In all cases, the defense counsel's withdrawal of the statement of conflict of interest must be specified and substantiated by references to relevant facts indicating the existence of such significant contradictions. It has been determined that for the purposes of the criminal process it is necessary to distinguish between the personal (subjective) interest of the participant in the criminal process and his objective procedural interest, which is in the broadest sense, in full compliance with all the rights and freedoms defended by the participant in the criminal proceedings, since the latter can also considered as a legitimate interest predicted by the legislator due to the specifics of the procedural role of the participant in the criminal proceedings. It was concluded that the conflict of interests of the defense counsel and suspicion Juvanje accused, involves a contradiction, followed them, but are not limited to, as well as the definition of the conflict of interest should consider not only their personal and objective and legitimate interests.
Authors and Affiliations
Ольга Василівна Дудко
Keywords
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