Some doubts about the queries originated in MIA. In the AFP received a request from one of the Deputy chief of the Investigation Department of the MIA of the Russian Federation. He wrote that the investigative unit of the Department often receives attorney requests for information, which, in his opinion, may constitute information about an ongoing investigation.
in Other words, does not require lawyers too much from the investigation? Isn’t there something dishonest and unscrupulous, like trying to look into the opponent’s card?
In response, the Council’s FPA, stated that, according to the law, the lawyer “is entitled to collect the information necessary to provide legal aid, including to request certificates, characteristics and other documents from state authorities and other organizations”.
the President of the Federal chamber of lawyers of the Russian Federation Yury Pilipenko noted the need to proceed from a presumption of good faith and honesty of the lawyers while in the framework of disciplinary proceedings is not proved otherwise.
the Information was needed for the lawyer to prepare the defense. As noted in the legal profession, the legislator has set only two restrictions in the definition of the information that the lawyer is entitled to collect by using queries in the provision to the beneficiary of qualified legal aid. It concerns, first, the restricted information and the second information with a special order of their submission. Also, the Ministry of internal Affairs Council of the chamber recalled that recently gave an explanation on acceptable methods of implementation of the lawyer of the right to request the submission of documents and factual information. This internal document of the legal community are aimed, first and foremost, “on the inadmissibility of the acquisition using the law requests the views of recipients of requests for interpretation of their legal norms, as well as the use of law requests for the actual appeal procedural decisions of competent authorities”.
simply put, not under the form of queries to send the complaint and request, as officials interpret certain rules. For example, a request to the chief of investigative Department, “why did you subordinate the investigator is not fulfilling such norms of the criminal procedure code”, in fact the request is not.
“the Purpose for which the lawyer seeks information through the law request known only to the lawyer and his client. Any information may be used as evidence to substantiate the defence. The formal features of the addressee and substance delivered by counsel to the question is impossible to deny the purpose of gathering evidence by counsel to substantiate the legal position in the case”, – stated in the letter of FPA.
