Implementation of the protection function during the pre-trial investigation of war crimes under the conditions of the state of martial law
Abstract
It has been established that the criminal-legal characteristics of war crimes, the peculiarities of the mechanism of their commission and the operation of the legal regime of martial law in their entirety determine the peculiarities of the pre-trial investigation of the specified type of crimes and directly affect the implementation of the defense function in this category of criminal proceedings. The main ways of implementing the protection function are allocated and characterized: mandatory involvement of a defender; use of procedural opportunities to collect evidence and build your line of defense; participation in procedural actions; making comments and objections during certain procedural actions; obtaining access to the materials of criminal proceedings, the ability to make copies of them or their reflection; appeal against decisions, actions or inaction of a pre-trial investigation body, prosecutor, investigating judge; awareness of the progress of the pre-trial investigation, etc.
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