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Prosecution and Defense in the Russian Criminal Process


Aleksandr V. Grinenko*, Ivan N. Kondrat, Sergey N. Khoryakov, Vasily J. Potapov

Article (PDF)

Keywords

criminal proceedings, adversarial principle, prosecution, defense, the rights of the individual, the investigator, the victim, the suspect, the accused

Abstract

The purpose of this study is to identify problems arising in the process of realizing the functions of prosecution and defense in criminal proceedings of the Russian Federation. The author analyzes the concept of “adversarial nature”. A direct relationship is established between the adversarial principle and the positions of prosecution and defense. The necessity of comprehensive improvement of the existing criminal procedure legislation is shown by creating an effective mechanism to protect the rights and interests of individuals and legal entities that suffered from illegal actions, as well as protecting a person from unlawful and unsubstantiated accusations, infringing his rights and freedoms. In a positive way, the similar experience of foreign countries is being investigated. Among the main findings outlined in this article, the following points are worth emphasizing: in the field of criminal justice, provisions of the Criminal Procedure Code and international regulatory legal acts should be provided in relation to the presentation of the initial charge in order to eliminate the negative consequences not only for the outcome of specific criminal cases, but also for law enforcement in the preliminary investigation process in general; the solution of the task of expanding the adversarial principle at the preliminary investigation stage should be based on the legislative abolition of the unilateral procedure for introducing the facts to the materials of the criminal case presented by the defense; a clear legal status of the parties of the defense and prosecution, provided by the law and the mechanism for its execution, takes criminal procedural relations to a new qualitative level, which positively affects the reputation of the social state.