Biryukova I.A. On Some Problems of Preserving Attorney-Client Privilege in the Criminal Procedure

DOI: https://doi.org/10.15688/lc.jvolsu.2017.3.19

Irina A. Biryukova, Postgraduate Student, Department of Criminal Procedure and Criminalistics, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the article is devoted to some topical problems connected with safeguarding the information constituting attorney-client privilege by the attorney and other persons, in particular, the paralegal, the trainee attorney, other employees of the law firms. In this regard, in the work the author sets the purpose: the improvement of the legislation regarding the preservation of attorney-client privilege in the criminal procedure. To achieve this goal there were used the methods of scientific cognition: analysis, synthesis, comparison, and the specific scientific methods of studies: formal legal, technical legal. Results: on the basis of the current legislation there was argued the viewpoint that the paralegal, the trainee and other employees of the law firms
shall not refuse to testify to the circumstances that became known to them in connection with their professional activities. In practice, it is impossible to exclude a situation when the paralegal, the trainee or another employee of the law firm will be called in evidence by the investigating authorities or the court, and, in case of refusal to testify as to the circumstances which in fact are the subject of attorney-client privilege, the indicated persons can be prosecuted under Art. 308 of the Criminal Code of the Russian Federation. Conclusions: it is proposed to amend paragraph 2 and 3 of Part 3 of Art. 56 of the Russian Federation Code of Criminal Procedure, outlining them in a new edition.

Key words: criminal procedure, witness immunity, attorney, attorney-client privilege, criminal liability.

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