SIBERIAN LAW HERALD
ISSN 2071-8136 (print)
ISSN 2071-8144 (online)

List of issues > Siberian Law Herald 2020.

Tactical Aspects of the Lawyer’s Activities in Providing Legal Assistance in Criminal Cases Related to Illegal Logging

Author(s)
Belkov Vladislav Aleksandrovich
Abstract
The article states that there is a problem of increasing the number of illegal logging in the Russian Federation. It is noted that such crimes cause great damage to the economy and environmental safety. It is pointed out that the establishment of the work of law enforcement agencies to decriminalize the forest industry does not always lead to the initiation of criminal cases against persons involved in large volumes of logging. Persons committing small amounts of illegal logging need the quality assistance of a lawyer. The lawyer needs to establish the exact place where the crime was committed, for which a request for the appointment of forestry, botanical, botanical using the methods of dendrochronology or soil science expertise can be submitted. In addition, it is required to establish the viability of trees at the time of logging, for which it is also possible to initiate a botanical examination or a botanical examination using dendrochronology methods. It is noted that an important issue that deserves the attention of a lawyer is the study of the tools and means of committing a crime, as well as other material evidence. In particular, the suspects operate trucks, tractors, as well as equipment that does not belong to them. Certain nuances arise related to the establishment of the rightful owner and the return of equipment to him. In addition, it is advisable to begin to provide legal assistance to the client during the pre-investigation check, however, in practice, law enforcement agencies engage a lawyer only after a person acquires suspect status. It is noted that an important area of activity is the possibility of applying to the client the conditions for terminating criminal prosecution in connection with active repentance, for which certain conditions exist. It is also very often used in practice to give confessions to the client and sentencing without a trial in the manner prescribed by Chapter 40 of the Code of Criminal Procedure of the Russian Federation. It is stated that the lawyer must choose the most effective tactics for protecting his client in this category of criminal cases.
About the Authors

Belkov Vladislav Aleksandrovich

senior lecturer department of criminal procedure and criminalistics Irkutsk institute (branch) of the All-Russian state university justice (RPA Russian Ministry of Justice)

664011, city Irkutsk, Nekrasov Street, 4, Russian Federation

e-mail: Vladislav-cherem78@mail.ru

For citation
Tactical Aspects of the Lawyer’s Activities in Providing Legal Assistance in Criminal Cases Related to Illegal Logging. Sibirskij yuridicheskij vestnik, 2020, no 1 (88), pp. 86–90. (in Russian)
Keywords
illegal logging, advocacy tactics, effective protection of the rights of the person under investigation
UDC
343.98
References

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