Examination and Search of a Defense attorney’s Vehicle

Keywords: criminal proceedings, investigative (search) actions, examination, search, vehicle, a defense attorney, case law of courts.

Abstract

The author has analyzed some types of investigative (search) actions – examination and search of a defense attorney’s vehicle. Statistical data on the number of conducted investigative (search) actions against defense attorneys have been studied. It has been established that investigative (search) actions against defense attorneys are not always carried out in compliance with the law. It has been argued that most procedural violations occur while conducting investigative (search) actions that involve penetration into a defense attorney’s dwelling or other property. In this regard, it has been concluded that the analysis of legal aspects for conducting examination or search of the defense attorney’s vehicle is currently relevant.

The legal grounds for conducting an examination and search of a defense attorney’s vehicle have been studied. It has been defined that the procedure of examination and search of a defense attorney’s vehicle has certain peculiarities in criminal proceedings. It has been concluded that the law provides a defense attorney with certain guarantees during the examination and search of the vehicle. Such guarantees include: a limited number of officials who may initiate an examination or search of a defense attorney’s vehicle; additional requirements to the content of the decision on permission to conduct examination or search of a defense attorney’s vehicle; the need to involve a representative of the Bar Council of the region while conducting examination or search of the defense attorney’s vehicle; the need to maintain legal secrecy. The views of scholars on the procedure of conducting examination and search of a defense attorney’s vehicle have been analyzed. The author has accomplished the analysis of the caselaw of the European Court of Human Rights on the grounds and procedure for conducting an examination or search of a defense attorney’s dwelling or other property.

It has been emphasized that the guarantees and rights of defense attorneys during investigative (search) actions are insufficiently defined in Ukraine at the legislative level. It has been concluded that there is the need to make legislative amendments in order to prevent procedural violations and abuse during the examination and search of vehicles.

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Author Biography

A. О. Shapoval, National University «Odesa Law Academy»

Department of Criminal Procedure, Detective and Operative-Investigative Activity (postgraduate student).

References

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Published
2021-09-29
How to Cite
ShapovalA. О. (2021) “Examination and Search of a Defense attorney’s Vehicle”, Bulletin of Kharkiv National University of Internal Affairs, 94(3), pp. 284-291. doi: 10.32631/v.2021.3.26.
Section
Criminal Procedure and Criminalistics; Forensic Examination; OSA