Summary of "Ю.М. Новолодский: "Вопросы уголовной практики" - Тема «Доказательства защиты» . 15.09.21, 19.00"
Summary of Ю.М. Новолодский: “Вопросы уголовной практики”
Тема «Доказательства защиты» (15.09.21)
This video features a detailed lecture and Q&A session by Юрий Михайлович Новолодский, a criminal law practitioner, focusing on the topic of defense evidence in criminal cases. The content covers practical challenges, legal principles, and strategic advice for lawyers working on defense evidence in Russia’s criminal justice system.
Main Ideas and Concepts
1. Current Challenges in Forensic Expertise for Defense
- Recent order (№150, Sept 2021) by the Russian Federal Center for Forensic Expertise prohibits forensic examinations and expert consultations on a paid basis for lawyers in criminal cases.
- This effectively blocks defense from obtaining independent expert opinions, favoring prosecution experts.
- Honest expert opinions conflicting with prosecution’s findings risk being interpreted as obstruction of justice.
- In response, an independent expert search service was created to support lawyers in obtaining scientific, alternative expert research.
2. Nature and Search for Defense Evidence
- Defense evidence is harder to find and use effectively than prosecution evidence.
- The process involves:
- Identifying where defense evidence can be found (factual information).
- Actively searching for this evidence.
- Securing and consolidating it outside formal procedures (extra-procedural consolidation).
- Example: Revisiting a crime scene years later helped overturn wrongful convictions by disproving witness reliability and using expert testimony on physical limitations of identification.
3. Two Paths for Defense Strategy
- Refutation path: Challenge the prosecution’s evidence as unreliable or misinterpreted.
- Alternative theory path: Construct a coherent alternative explanation supported by evidence, leading to acquittal if convincing.
4. Role and Rights of the Court in Evidence Collection
- Courts have some right to collect evidence (“active collection”) to clarify facts.
- Judges must balance not replacing prosecution or defense roles while ensuring justice.
- Overstepping this role may violate adversarial principles and should be challenged.
5. Legal Status of Lawyers and Evidence Collection
- Despite some legislative confusion, lawyers are subjects of proof and have the right to collect evidence.
- Defense evidence must be objective, justified, and primarily exculpatory.
- Defense evidence can be unreliable or inadmissible if fabricated or poorly supported.
- Lawyers should avoid being the sole source of evidence to maintain credibility; evidence should be secured through witnesses or third parties where possible.
6. Procedural Consolidation of Evidence
- Proper securing of physical evidence follows strict procedures (e.g., packaging, storage).
- Defense can use “extra-procedural consolidation” to preserve evidence validity, even if not formally recognized.
- Lawyer’s surveys or informal evidence gathering can support formal procedural steps but are not a substitute for official evidence.
7. Appellate Courts and Evidence Evaluation
- Appellate courts must independently review evidence, not simply rely on first-instance findings.
- Failure to examine or distorted evaluation of evidence by appellate courts is illegal and grounds for appeal or disciplinary action.
8. Use of Investigative Authorities
- Defense should carefully use investigative authorities to obtain evidence.
- Independent evidence collection by defense is risky and may lead to loss or inadmissibility.
- Collaboration with honest investigators is crucial.
9. Judge’s Role in Expert Examinations
- Judges may appoint expert examinations but must remain neutral, not acting as prosecution or defense.
- Questions posed to experts should be impartial.
10. Presentation of Defense Evidence in Court
- Defense can present evidence during prosecution’s presentation to challenge and influence the judge’s perception.
- Timing and manner of presenting defense evidence require strategic judgment and proportionality.
11. Philosophy of Evidence and Law
- Defense and prosecution evidence are facts from the past, differing only in their relation to the indictment.
- Evidence must be coherent and mutually supportive to withstand legal scrutiny.
- The law is ideally a systemic, coherent set of norms, but in practice, Russian criminal procedure is fragmented and inconsistent.
12. Handling Judicial Misconduct and Procedural Errors
- Defense can object to judges’ unreasonable denial of motions.
- Prosecutors’ attempts to worsen convicted persons’ situation after appeal deadlines can be challenged.
- Courts must not rely blindly on previous rulings without independent evidence evaluation.
13. Role of Defendant’s Testimony
- Defendant’s statements are evidence but often distrusted due to interest in the case.
- Effective use of defendant testimony is critical in building defense.
14. Practical Advice for Lawyers
- Avoid rushing to present evidence; verify and corroborate before submitting.
- Seek objective, scientifically supported evidence.
- Use secondary sources and witnesses to preserve evidentiary value.
- Understand the legal and practical realities rather than relying solely on formal rules.
- Continuously improve professional consciousness and understanding of criminal procedure to achieve acquittals.
15. Additional Topics Discussed
- Criticism of legislative shortcomings and unrealistic expectations in procedural law.
- Importance of systemic understanding of law and justice.
- Skepticism about property rights over celestial bodies and space law.
- Support for introducing investigative judges in Russia to improve adversarial proceedings.
- Personal remarks on organizing multiple streams and collaboration with younger legal professionals.
Methodology / Instructions for Defense Evidence Handling
- Identify possible sources of defense evidence (witnesses, crime scene, documents, expert opinions).
- Conduct a thorough and objective search for evidence, including revisiting crime scenes if possible.
- Secure evidence properly using procedural or extra-procedural consolidation methods.
- Avoid being the sole source of evidence; involve witnesses or third parties to maintain credibility.
- Present defense evidence strategically in court, considering timing and judge’s receptiveness.
- Challenge inadmissible or unreliable prosecution evidence and build a coherent alternative theory.
- Use investigative authorities judiciously to obtain factual information.
- Appeal judicial errors or refusals based on clear legal grounds.
- Continuously update knowledge and professional skills to effectively counter systemic issues.
Speakers / Sources Featured
- Юрий Михайлович Новолодский (Yuri Mikhailovich Novolodsky) – Main speaker, criminal defense lawyer and lecturer.
- Svetlana Smirnova – Director of the Russian Federal Center for Forensic Expertise (mentioned).
- Evgeny Vasilevsky – Advisor on innovations and co-organizer of the streams (mentioned).
- Various unnamed lawyers, judges, and legal professionals referenced during Q&A.
This summary encapsulates the core teachings and discussions from the video, emphasizing practical defense strategies, systemic challenges in Russian criminal justice, and the importance of scientific, objective evidence in criminal defense.
Category
Educational
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