In criminal proceedings, the defense attorney of the suspect / accused has a great responsibility. Art. 53 Code of Criminal Procedure secures the key rights of a lawyer. He can realize them already at the initial stage of the investigation - before the first interrogation. Let's consider in more detail Art. 53 Code of Criminal Procedure at latest revision. 
Fundamental Defender Rights
They are fixed h. 1 tbsp. 53 Code of Criminal Procedure. As stated in the norm, the defender may:
- Have a meeting with the client in accordance with paragraph 3 of clause 4 of part 46 of the article and clause 9 of clause 4 47 of the Code of Criminal Procedure.
- Collect evidence, provide it to authorized employees and the court. The procedure for the production of these actions is fixed in Part 3 of Art. 86 of the Code.
- To attract a specialist on the basis of Art. 58.
- Be present at the charge of the client.
- Participate in interrogations, other investigative measures conducted in relation to or at the request of the accused / suspect or the lawyer himself.
- To get acquainted with the contents of the protocol of detention, investigative actions, the act on the selection of a preventive measure, other documentation that is presented (should be presented) to the client.
- To declare challenges, petitions.
- At the end of the investigation, get acquainted with the case materials, make copies, extracts in any volume.
- Participate in court hearings of any instance (first, appeal, etc.).
- Appeal against actions / inaction / decisions of the court, prosecutors, as well as investigators / interrogators and their leaders, participate in the consideration of complaints.
- Implement other protection methods not prohibited by law.
Special rights
How to install h. 2 tbsp. 53 Code of Criminal Procedure, a lawyer involved in an investigative action may:
- give the client brief advice;
- formulate written comments on the completeness and accuracy of the protocol;
- ask questions to other interrogated citizens (with the consent of the investigator / interrogator).
These actions are carried out in the presence of an employee of the investigative unit or the body of inquiry. According to h. 2 tbsp. 53 Code of Criminal Procedure, an employee authorized to carry out an investigative action has the right to raise the question of the defense counsel. However, in doing so, he must record the issue in the minutes. 
Limitations
In the third part Art. 53 Code of Criminal Procedure a prohibition is imposed on the disclosure by the lawyer of the information of the preliminary investigation that he learned as part of his participation in the defense. For violation of data confidentiality, a person is liable in accordance with 310 of the Criminal Code.
It should be noted that the defender’s punishment for disclosing information occurs only if he has been warned about it in advance in the manner prescribed by Article 161 of the Code of Criminal Procedure.
Commentary on Art. 53 Code of Criminal Procedure
The lawyer's right to a first confidential meeting with the client arises before the first interrogation, of which the employee conducting the proceedings is required to notify him. The meeting of the defender with the suspect is not limited in time. The conversation takes place in private with the client.
This order allows the defending party to develop a legitimate tactic for subsequent actions.
The meeting with the client takes place on the basis of an order issued to conduct the case. The exercise of the right to a first confidential date does not depend on the discretion of the employee conducting the proceedings.
Proving
In paragraph 2 h. 1 tbsp. 53 Code of Criminal Procedure there is a link to article 86 of the Code. This norm is found in the chapter "Proof". In the provisions of Part 3 of the norm, methods for collecting evidence by a defense counsel are established:
- Obtaining documentation, items, other information.
- Conducting surveys of citizens by their consent.
- The demand for characteristics, certificates, other papers from organizations required to provide the requested documents (copies thereof).
The materials collected, however, will not be considered evidence until they are brought into the case. For this, the defender, guided by Article 86 and Art. 53 Code of Criminal Procedure, transfers items, papers, other information to the inquiry officer / investigator. After that, the materials are evaluated for relevance and admissibility. With the positive conclusion of an authorized employee, they are attached to the case. 
Specialist involvement
At the investigation stage, it may be necessary to involve a specialist in carrying out procedural measures regulated by the CPC. He is a citizen with special knowledge. The defender has the right to petition this to the investigator / interrogator / court.
Familiarization with the case materials
AT Art. 53 Code of Criminal Procedure a relatively separate set of defense counsel capabilities related to obtaining information about the investigation is being consolidated. Moreover, until the completion of this stage of the proceedings, the lawyer cannot get acquainted with the materials to be replenished. The defender has access only to the most important investigative documents that are directly related to the prosecution of the client.
After the investigation is completed, the lawyer can receive all materials of the production, without exception, for study. If necessary, based on Art. 53 Code of Criminal Procedure, he has the right to make extracts and copies (at his own expense) in any quantity.
Keeping Your Information Confidential
AT Art. 53 Code of Criminal Procedure A warning is provided for the defender. The norm prohibits the disclosure of information known to a lawyer in connection with participation in the proceedings. Criminal liability for violation of data confidentiality should be warned in advance.
It is forbidden to bring technical devices for video recording, audio recordings on a date with a client in custody.
At the same time, the defense lawyer may bring a camera, computer, copy equipment exclusively to create copies of the case materials to the territory of the institution where the suspect / accused is being held. The lawyer can use these technical devices in a separate room in the absence of the client. 
Art. 53 Code of Criminal Procedure: Conflict of Interest
Situations in which there is a contradiction of interests of persons represented by a lawyer are conditionally divided by subject composition. A lawyer may speak on behalf of:
- two clients;
- the defendant and the victim;
- accused / suspect and witness.
In addition, there may be a conflict of interest between the defense counsel and the client. Let us briefly consider each case.
Contradiction of interests of two clients
The testimony of the accused / suspect reflects the line of his own defense. A lawyer cannot simultaneously support two competing versions of the incident.
There is no conflict of interest when the defendants agree with the prosecution.
A classic conflict occurs if both defendants seek to expose each other for their own justification. In such a situation, a lawyer who protects these persons should be challenged.
Features of checking the presence / absence of a conflict of interest
The Moscow City Court spoke out on the issue of identifying contradictions. According to his position, verification of the presence / absence of a conflict of interests of clients should be carried out exclusively by the investigating authorities. The court, in turn, as part of the study of complaints about the actions of employees regarding the challenge of a lawyer, cannot establish the fact of contradictions. This position is due to the fact that verification is possible only by evaluating the evidence collected, and these actions are not within the competence of the court at the pre-trial stage. 
According to some experts, this approach is erroneous.Experts justify this conclusion by the fact that the existence of a conflict of interest can be detected not in the evidence collected, but directly in a reasoned decision drawn up by the investigator, according to which the complaint is submitted.
Time factor
If a lawyer has previously provided or is currently providing legal assistance to an entity whose interests conflict with the interests of the client, he shall be challenged. The corresponding rule is enshrined in the first paragraph of part 1 of the norm of the CPC.
If subsequently the lawyer will protect a person whose interests are opposed to the interests of the previous client, then it is impossible to challenge at the request of the past accused / suspect.
It is worth saying that in practice there are quite unusual cases. So, for example, in one of the cases a defender was assigned, representing 2 citizens in succession, who, in turn, in different proceedings passed mutually as the victim and the accused. The reason for the crime was the commission of earlier attacks by the victims against the accused.
According to the provisions of clause 3, paragraph 1 of part 72 of the article of the Code of Criminal Procedure, the factor that excludes the participation of a lawyer in a criminal case is the provision of legal assistance to an entity whose interests are not consistent with the interests of the accused. At the same time, it does not matter in what way the help was expressed, it was provided in this or another matter.
Conflict of interests of the accused and the victim
Identification of the contradiction between these production participants is not accompanied by special difficulties. The testimony and behavior of the victim of the crime as a whole by themselves, according to the law, refers to the prosecution. Accordingly, the simultaneous protection of the suspect and the representation of the interests of the victim becomes unnatural. 
The interests of the witness and the accused
When analyzing this issue, it is advisable to refer to one of the decisions of the Moscow City Court. In its determination, the court noted that paragraph 1 of part 72 of the article of the Code of Criminal Procedure does not provide for the possibility of challenging a lawyer representing the interests of a witness, who, in turn, are not consistent with the position of the suspect / accused. Meanwhile, the exclusion of the defender from the process in this situation is still possible.
The Moscow City Court explained in its decision that a witness could appear for questioning with a lawyer, according to Article 189 of the Code of Criminal Procedure. Accordingly, the lawyer will enjoy the rights enshrined in Art. 53 of the Code, which regulates the powers of the defense counsel. From a literal understanding of the law, the legal status of a lawyer is equated with the status of a lawyer.
At the same time, clause 3 1 of part 72 of the article establishes a ban on the participation of a defense counsel in proceedings if he has previously provided or is currently providing legal assistance to an entity whose interests are not consistent with the interests of the person it represents.
Conflict of interests of the client and the lawyer
Explanations on this issue are given in the definition of the COP from 11/09/2010. The court indicated that the defendant’s right to defend himself or herself or with the help of a lawyer of his choice was not considered unconditional. The opportunity provided by law does not imply the choice of any citizen at the discretion, including, without taking into account circumstances precluding the participation of this person in production. 
The very provision that a lawyer cannot participate in the process if he was previously involved in the same case in the status of a witness is aimed at eliminating the dependence of the lawyer's activities in the current case on his previous actions committed in a different capacity. This ensures compliance with key principles of legal proceedings.