Attorney of a Person Who Is Not a Party to Preparatory Proceedings

Abstract

The subject of this study is an analysis of the current issue of refusing to allow the attorney of a person who is not a party to participate in preparatory proceedings on the basis of the evaluative and unclear grounds set out in Article 87 § 3 of the Code of Criminal Procedure, combined with the lack of any possibility of appealing to the court against the prosecutor’s decision refusing permission in this respect, which does not meet constitutional and international standards. De lege ferenda , it is proposed that the cited provision be amended, which will eliminate the above violations.