Legal Status of Defense Counsel in Adversarial Criminal Proceedings in Uzbekistan

Abstract

The article investigates the tasks and functions of the defense counsel in the adversarial criminal procedure of the Republic of Uzbekistan. The evolution of the legal status of the defender after the introduction of the adversarial principle in 1994 and the transformation from the inquisitorial model to the system providing equality of parties is analyzed.

The main tasks of the defense counsel under article 49 of the Code of Criminal Procedure of Uzbekistan are considered: protection of the rights of suspects, accused and defendants, their representation and provision of legal assistance. The key functions of the defense counsel are highlighted, including the new function of reconciliation of the parties at the pre-trial stage. The author substantiates the close interrelation of tasks and functions of the defense counsel in ensuring fair justice.