Defender as a Participant in Criminal Proceedings During Searches and Temporary Access to Items

The article examines the legal status of a defense attorney in criminal proceedings, particularly their role during searches and temporary access to items. Searches and the seizure of evidence represent one of the most intrusive interferences with citizens’ rights; therefore, the participation of a defense attorney ensures compliance with the law and prevents violations of individual rights. Ukrainian legislation (Articles 236, 163 of the CPC) regulates these procedural actions but does not require investigators to inform the defense attorney in advance, which may undermine the principle of adversarial proceedings. The defense attorney, by monitoring the legality of investigative actions, can record violations that may serve as grounds for appeal. Additionally, access to the court ruling authorizing investigative actions and the preservation of attorney-client privilege (Article 23 of the Law “On Advocacy and Advocacy Activity”) are crucial. Practical cases demonstrate the unlawful seizure of materials covered by attorney-client privilege despite legal prohibitions. Legislative improvements are proposed, including mandatory notification of defense attorneys about searches, clear time limits for their arrival, and standardized documentation of their actions. Ensuring effective participation of defense attorneys in these processes will contribute to the protection of human rights, improve the quality of criminal proceedings, and strengthen the rule of law and public trust in the judicial system.