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Abstract

<jats:p>The given study examines the procedural aspects of exercising the right to defense through a defense attorney, considering the specific procedural status of the attorney. The lawyer as a procedural subject in the context of normative acts and scientific views, the author concludes that, despite representing the interests of the accused, the lawyer is an independent participant of the proceedings. The study discusses the Code of Ethics for Attorneys and the Law on Advocacy of Armenia, addressing conflicts between the attorney and the accused, the prohibition on unlawful defense methods, and the attorney’s right to refuse defense. The author argues that procedural independence is supported by the prohibition of illegal defense methods and the attorney’s separate disciplinary liability. Regarding potential conflicts, the author agrees that positions on guilt should generally align. However, differences may arise in purely legal matters, where the attorney’s professional judgment takes precedence.</jats:p>

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Keywords

defense procedural attorneys attorney author

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