On the abuse of right de jure and de facto by the defense in the judicial proceedings

People participating in criminal proceedings may use their rights or powers against the interests of participants to a trial, i.e. in other words, abuse their right. When it comes to legal proceedings, it should be noted that this conduct can be observed not only on the part of defendants, but also of defense attorneys. As practice shows, the problem of abuse of right by the defense is not uncommon. Modern legal proceedings are often challenged by inequitable conduct of participants. However, abuse of right manifests in various forms, yet always aims at counteracting the normal course of proceedings. The legal consequences of the abuse of right by the defense may be different. As a rule, in cases of the same type of petitions, including bends, courts leave them without consideration, and the corresponding resolution is reflected in the court records. Repeated petitions to postpone the trial for various far-fetched reasons are also recognised as abuse of right, and the court leaves them without satisfaction. If the defense obviously delays the time for acquaintance with the case materials, the court makes a decision to establish a specific time limit for acquaintance. When the attorney for the defense grossly violates the rules of professional conduct in court, it is reported to the Lawyers' Chamber, with private decisions (rulings) on the part of the court. The solution to the problem de jure, i.e. the introduction of legal norms prohibiting the abuse of right by the defense, including repeated petitions, complaints, challenges with the same arguments addressed to the court that has already taken a decision, as well as determining the legal consequences, would allow solving several important tasks for the law enforcement and justice in general.

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