Summary of "Ю.М. Новолодский: Тема «Использование отношения к предъявленному обвинению». 23.03.22 18.30"

Summary of the Video

Ю.М. Новолодский: Тема «Использование отношения к предъявленному обвинению» (23.03.22)

This video is a detailed legal discussion led by Юрий Михайлович Новолодский on the strategic use of the defendant’s attitude towards the charges brought (“отношение к предъявленному обвинению”) as a defense tool in criminal proceedings. The topic focuses on how this right, established by law, can be innovatively and effectively used during both the preliminary investigation and the trial stages to protect the accused and challenge prosecutorial assertions.

Main Ideas and Concepts

Definition and Legal Basis of “Attitude Towards Charges” When charges are brought against a defendant, the court or investigator must ask if the accused wishes to express their attitude towards these charges. This is a right of the accused and their defense attorney, allowing them to formally respond to the accusations.
Importance and Innovative Use of the Attitude Traditionally, this right was underutilized or treated perfunctorily (e.g., mumbling responses). Defense attorneys now use this as a powerful written tool to present a clear, structured response to the charges. It can be used to highlight absurdities, inconsistencies, or legal errors in the charges.
Stages of Use: Preliminary Investigation vs. Court While more relevant and effective at trial, the attitude can and should be used at the preliminary investigation stage. Investigators and prosecutors often resist or discredit such responses, but the defense can insist on the right to submit a written attitude. The moment charges are brought is the best time to present this written attitude.
Structure of the Written Attitude The attitude should generally include:
- Introductory Part: Clearly state the defendant’s position regarding the charges (full denial, partial admission, or full confession).
- Essential Part: Explain reasons for denial or partial admission, providing factual and legal arguments.
- Evidence and Legal Assessment: Outline evidence supporting the defense or critique prosecution evidence, but avoid giving information that could be harmful or used against the defendant later.
Strategic Considerations in Drafting the Attitude
- Avoid providing any information that could be used against the defendant in the future.
- The attitude can be developed gradually as the defense gathers more evidence during the investigation.
- Presenting the attitude in writing can delay proceedings beneficially and force the prosecution to respond.
- The attitude may be updated or supplemented if new charges or evidence arise.
Challenges and Resistance from Investigators and Prosecutors
- Investigators may refuse to accept written attitudes or try to coerce immediate oral interrogation.
- The defense must insist on the right to provide a written attitude and may appeal refusals.
- Investigators sometimes issue illegal orders (e.g., requiring petitions to be submitted into “boxes”), which lawyers should challenge.
Additional Practical Advice
- Ensure the accused signs every sheet of interrogation protocols to prevent unauthorized changes.
- Use the attitude to expose procedural violations or flaws in the prosecution’s case.
- Be cautious when citing evidence; only include strong, corroborated defense evidence.
- The attitude can be a tool to highlight the adversarial nature of the process and protect constitutional rights.
Broader Reflections on the Russian Criminal Justice System
- Many cases proceed without full examination of evidence, often under special procedures that limit defense rights.
- There is systemic cynicism and disregard for proper defense tactics by some investigators and courts.
- The defense lawyer must be knowledgeable, persistent, and innovative to counteract these tendencies.
Responses to Audience Questions
- When to start forming the attitude: from the moment charges are known, but present it formally at the time of charges or when sufficient evidence is gathered.
- Use of evidence in the attitude: defense can cite its own evidence and challenge prosecution’s evidence, but must be cautious.
- Rights of lawyers during investigative actions, including petitions for investigator recusal and refusal to participate in illegal procedures.
- Handling situations where criminal cases are dismissed but related documents are used in civil cases.
- The importance of procedural correctness and constitutional protections.
Future Topics and Continuing Discussion Suggested topics for future streams include defensive tactics during searches and protection of victims’ rights.

Methodology / Instructions for Using the Attitude Towards Charges

Understand the charges thoroughly as soon as they are presented.
Begin forming your attitude immediately, gathering facts and legal arguments.
Draft the attitude with a clear structure:
- Introductory statement of acceptance, denial, or partial admission.
- Detailed explanation of the reasons behind your position.
- Presentation of evidence supporting your defense or undermining the prosecution’s case.
Submit the attitude in writing at the moment charges are brought or as soon as possible thereafter.
If the investigator refuses to accept the attitude, file appeals or complaints, documenting the refusal.
Update or supplement the attitude if new charges or evidence arise during the investigation.
Avoid providing any self-incriminating information or unverified facts.
Ensure procedural safeguards such as signing every page of interrogation protocols are followed.
Use the attitude to assert constitutional and procedural rights, challenge illegal actions by investigators or prosecutors.
Prepare to use the attitude as evidence in court and to influence the adversarial process.

Speakers / Sources Featured

Юрий Михайлович Новолодский – Primary speaker and legal expert presenting the topic.
Vladislav Venkov Pinkov – Lawyer from Novosibirsk who posed questions about the use of the attitude at different stages.
Yuri Yuryev – Listener who contributed questions and insights regarding timing and strategy.
Ivan Ivanov – Former investigator who shared observations on the tactic.
Various other lawyers and participants who submitted questions and comments during the stream.

Conclusion

The video is a comprehensive legal lecture emphasizing the strategic use of the defendant’s right to express a formal attitude towards the charges. Ю.М. Новолодский advocates for a proactive, structured, and legally savvy approach to drafting and submitting this attitude, highlighting its potential to protect defendants’ rights, challenge flawed accusations, and strengthen the defense throughout criminal proceedings. The discussion also sheds light on practical challenges within the Russian legal system and encourages defense lawyers to be innovative and persistent in their advocacy.