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
Posted: 21 Dec 2017
Date Written: 2010
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
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