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The Defense Side Granted Right to Conduct Search and Withdraw Procedures

March 12, 2013

The defense side is to be granted right to conduct investigation procedures such as search and withdrawal.  Government has already launched the initiative to Parliament on making amendments to the rules of conducting investigation procedures. The amendments will be reflected in Criminal Procedure Code.  

According to current Criminal Procedural Code, defense side is not eligible to present the motion to the court on conducting   search or withdraw procedures.   Now the defense side will be granted  the  prerogative  and according to the draft law, the party will be eligible to  request  and  receive  a document or  other material evidence  from state authority organs  and  private organizations without any  hindrance.  

According to the planned amendments to Criminal Procedure Code, the innovation will also be that, on the basis of the motion of the defense party, investigation action must not be conducted by the investigator who conducts investigation   on the same case.  Besides, it will be also inadmissible for the prosecutor to attend the investigation process.

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