Adversarial Principles and the Case File in Russian Criminal Procedure

in RUSSIA & THE COUNCIL OF EUROPE: TEN YEARS AFTER, pp. 107-33, Malfliet & Parmentier eds., Palgrave Macmillan, 2010

SMU Dedman School of Law Legal Studies Research Paper No. 372

Posted: 21 Dec 2017

See all articles by Jeffrey Kahn

Jeffrey Kahn

Southern Methodist University - Dedman School of Law

Date Written: 2010

Abstract

In this essay, the author argues that the Russian Criminal Procedure Code satisfies neither European nor American conceptions of adversarial principles.

The first section of the article describes what the author calls the hybrid nature of Russia's criminal justice system and summarizes the argument that adversarial principles, however defined, are unsatisfied by it. The second section provides a detailed explanation of how the Code's retention of the case file subverts its adoption of adversarial principles. The third section presents a brief discussion of how the continued power of the case file tends to thwart efforts by defence counsel to use their new powers to collect evidence independently for admission at trial. Brief conclusions follow in the last section.

Keywords: Russian criminal procedure, adversarial legal system, European Convention on Human Rights, Council of Europe, Russian Criminal Procedure Code, criminal justice system – Russia

Suggested Citation

Kahn, Jeffrey, Adversarial Principles and the Case File in Russian Criminal Procedure (2010). in RUSSIA & THE COUNCIL OF EUROPE: TEN YEARS AFTER, pp. 107-33, Malfliet & Parmentier eds., Palgrave Macmillan, 2010; SMU Dedman School of Law Legal Studies Research Paper No. 372. Available at SSRN: https://ssrn.com/abstract=3090579

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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