Някои идеи за обединяване на процесуалните фигури на защитника, повереника и особения представител в наказателния процес в един правен институт
Some Ideas for Bringing Together the Procedural Figures of the Defense Counsel, the Trustee and the Special Representative in the Criminal Process in One Legal Institute

Author(s): Pavel Smolichki
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law, Penal Policy, Sociology of Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: criminal trial; defender; attorney-at-law; special representative; legal aid
Summary/Abstract: In the present study a reasoned conclusion is made that the existence of three separate legal figures to implement the procedural representation of private legal entities or persons in criminal proceedings, namely - a defender, an attorney-at-law and a special representative, is superfluous. All three legal figures serve an identical function in criminal process and their statutory regulation is largely the same. Based on the similarities and differences between the three legal figures, the proposal to unite the defenderр the attorney-at-law and the special representative in one legal concept is justified. In particular, it is proposed that the three legal figures be united in the figure of the attorney-at-law. This new provision will facilitate enforcement as it will greatly simplify the legal framework. At the same time, it will not lead to any negative consequences for the relevant private legal entities or persons participating in the criminal proceedings.

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