Opportunities for the Influence of Defense Attorney in Changing “Qualifications with a Reserve” Formulated in a Criminal Case by the Investigating Authorities

Abstract

The article examines such a direction of the defense activity of the defense attorney as the activity of a lawyer aimed at changing the qualification of the criminal law act carried out by the investigating authorities. The author designates the practical capabilities of the defender to influence the “qualification with a reserve” formulated by the investigating authorities, while from the point of view of practice, the effectiveness of such opportunities provided by the law to the defense counsel is determined. The so-called “qualification with a reserve” trend is assessed and ways to eliminate it are suggested. The current criminal procedural legislation is analyzed, the results of surveys of respondents on the research topic and the results obtained by other researchers are used, and a well-founded conclusion is formulated that qualification with a reserve is a long-standing tendency allowed by the investigating authorities to avoid returning the criminal case to the court for investigating and enforcing a conviction, when the charge for some episodes may not be confirmed. It is proposed to legislate the principle of completeness, comprehensiveness and objectivity of the preliminary investigation in the Code of Criminal Procedure of the Russian Federation, to include in Art. 7 Code of Criminal Procedure the duty of the investigating authorities and the court to qualify the criminal law act in strict accordance with the law, to strengthen the responsibility of investigators (investigators) for failure to fulfill this duty and other measures described in the article.