Возникновение и прекращение адвокатского иммунитета в уголовном процессе Латвии и Литвы

ENThis article will analyze advocate‘s immunity and the conditions of it‘s arising and ending in the context of Latvia‘s and Lithuania‘s law acts (specifically - Criminal procedure law of the Republic of Latvia, Criminal procedure code of the Republic of Lithuania, Advocacy Law of the Republic of Latvia, Advocacy Law of the Republic of Lithuania). The analysis summarizes the problems of advocate‘s immunity in criminal procedure law of the Republic of Latvia and criminal procedure code of the Republic of Lithuania and shows its similarities and differences in the regulation of advocate‘s immunity in the mentioned countries. During the analysis conclusions and suggestions has been made in connection with the topic of article. It has been identified that Latvia‘s and Lithuania‘s law acts present a list of „liberal professions“, in which advocate‘s profession is mentioned. We can already see differences in the usage of terminology of the law acts in mentioned countries, e.g advocate‘s profession in the Republic of Latvia is identified as „sworn advocate“ and in the Republic of Lithuania only as „advocate“. Latvia‘s criminal procedure law explains the term „advocate‘s immunity“ much clearer than the criminal procedure code of the Republic of Lithuania, e.g article 122 in the Latvia‘s criminal procedure law states „(1) The following shall not be permitted: 1) to interrogate an advocate as a witness regarding facts that have become known to him or her in providing legal assistance in any form.2) to control, perform an inspection, or withdraw documents that an advocate has drawn up, or a correspondence that he or she has received or sent in providing legal assistance, as well to conduct a search in order to find and withdraw such correspondence and documents; 3) to control the information systems and means of communication to be used by an advocate for the provision of legal assistance, to take information from such systems or means, and to interfere in the operation thereof.“ Meanwhile the term „advocate‘s immunity“ is not used in the criminal procedure code of the Republic of Lithuania. Also above mentioned document‘s article 80 „The circumstances in which a person is not permitted to be questioned as a witness“ and on it‘s subsection 3 states that an advocate cannot be questioned as a witness regarding the circumstances, that have become known to him or her in providing legal assistance for clients. Article 46 of the Law on Advocacy of the Republic of Lithuania ensures and guarantees the advocate‘s professional activity. Social science research methods of comperative law, analysis of data literature are used in this article. Key words: criminal procedure, sworn advocate, advocate's immunity, arise and end of advocate's immunity.