Timur Khutov
Head of Criminal Law Practice
The Constitution Court considers the involvement of a lawyer when conducting a search unnecessary

Timur Khutov, Head of Criminal Law Practice, BMS Law Firm, noted that the appellant’s arguments are difficult to agree with, since the disputed norm not only permits an investigator to disallow a defense lawyer to participate in investigative activities, but also directly states the defense lawyer’s right to be present in the course of a search. However, the expert specified that this rule of law does not obligate the investigator to wait for the defense lawyer’s arrival, since his/her absence is not the grounds for the search to be held illegitimate. “Although in my experience it has often been the case that investigators agree to wait to ensure that a defense lawyer is present”, he noted.