THE ROLE OF THE DEFENDER IN CRIMINAL PROCEDURE EVIDENCE IN THE COUNTRIES OF THE ROMAN-GERMANIC LAW SYSTEM

Abstract

The author analyzed the place and role of the defense lawyer in the process of evidence
at various stages of the criminal process in the countries of the Roman-Germanic legal family: France,
Germany and Russia, which have certain characteristics, but are generally very similar. The work
examines the distinctive features of the institution of evidence, analyzes the properties of the
admissibility of evidence, the grounds for declaring evidence inadmissible, and notes existing
doctrines in the theory and practice of criminal proceedings regarding the possibility of using illegal
evidence in the interests of the accused (suspect).

The author analyzed the features of criminal procedural evidence in these states and identified
the main subjects of evidence. In addition, the article notes that the defense is not a full-fledged
subject of evidence at the stage of preliminary investigation. Only at the trial stage does the defense
have real powers to participate in an adversarial impartial process, where the functions of the
defense and prosecution are separated from each other, and at the top of this triangle is an objective
court. The author notes that the court should not abuse judicial discretion and unbiasedly perceive
evidence, both confirming the guilt of a person and exonerating him.