Topical issues of collecting evidence by a defence counsel by requesting things, information and documents from various subjects

The article is devoted to identifying topical issues of collecting evidence by a defence counsel by requesting things, information and documents from various subjects. The article notes that in modern legal practice, the issue of requesting things, information and documents from various subjects is of particular relevance, since it affects not only the success of the evidence base, but also the observance of the principle of equality of parties in criminal proceedings. The article examines: the content of the request under Part 3 of Article 93 of the Criminal Procedure Code of Ukraine; common and distinctive features between the request under Part 3 of Article 93 of the Criminal Procedure Code of Ukraine and temporary access to things and documents; forms of request for the provision of things, documents or information. It is proved that the assessment of evidence by a defence counsel in accordance with the requirements of criminal procedure law is a false statement. The author highlights the basics of forensic support for evidence and its component - evidence collection. The author describes the preparatory, working and final stages of the discovery process in accordance with Part 3 of Article 93 of the Criminal Procedure Code of Ukraine. It is shown that technical and forensic support for the formation of requests or appeals in accordance with Part 3 of Article 93 of the Criminal Procedure Code of Ukraine is manifested in the fact that the defence counsel actively uses such technical means as a laptop, computer, mobile phone, and the global Internet. It is found that defence counsels form requests or appeals for the purpose of reclaiming things, documents and their copies in the following ways 1) exclusively in the form of an attorney’s request pursuant to Article 24 of the Law of Ukraine “On the Bar and Practice of Law”; 2) exclusively by referring to Article 93(3) of the Criminal Procedure Code of Ukraine; 3) by referring to both Article 93(3) of the Criminal Procedure Code of Ukraine and Article 24 of the Law of Ukraine “On the Bar and Practice of Law” in one request or appeal; 4) depending on the situation and tactics of actions, all three previously mentioned methods are used. In particular, the author comes to the conclusion that the defence counsel’s discovery of things, information and documents from various subjects includes both criminal procedure and forensic components. This procedural action consists of the following stages: preparatory, working, and final. All these stages are accompanied by technical and tactical forensic support.