Russia's Criminal Procedure Code Five Years Out

97 Pages Posted: 6 Sep 2007 Last revised: 26 Sep 2018

See all articles by William Burnham

William Burnham

Wayne State University Law School

Jeffrey Kahn

Southern Methodist University - Dedman School of Law

Abstract

After a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirements of adversarial principles. However, it also retains several throwbacks to the past, particularly its preservation of the formal pretrial investigation, during which evidence is parsed and collected in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implementation of the new adversarial procedures is also made difficult by the enormity of the changes demanded by them. This article examines these and other issues in the new Code's implementation over its first five years of operation.

Keywords: Russia, Criminal Procedure, Adversarial Principles, Civil Law Tradition, Legal Reform

Suggested Citation

Burnham, William and Kahn, Jeffrey, Russia's Criminal Procedure Code Five Years Out. Review of Central and East European Law, Vol. 33, pp. 1-93, 2008; Wayne State University Law School Research Paper No. 07-35; SMU Dedman School of Law Legal Studies Research Paper No. 00-17. Available at SSRN: https://ssrn.com/abstract=1011821

William Burnham

Wayne State University Law School ( email )

471 West Palmer Ave.
Detroit, MI 48202
United States
313-577-3928 (Phone)
734-663-1240 (Fax)

Jeffrey Kahn (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States
(214) 768-2792 (Phone)
(214) 768-4330 (Fax)

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