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Prosecution and Defense in the Russian Criminal Process

Aleksandr Grinenko, Ivan Kondrat, Sergey Khoryakov, Vasily Potapov
2018 Eurasian Journal of Analytical Chemistry  
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  ...  The author analyzes the concept of "adversarial nature". A direct relationship is established between the adversarial principle and the positions of prosecution and defense.  ...  Chichkanov [3] , a scientist in the field of legal proceedings believes that the adversarial principle does not make sense to apply at the pre-trial stages of criminal proceedings, since the result of  ... 
doi:10.29333/ejac/102248 fatcat:lyper4ecffesdkuh3523h7ui54

Principles of criminal procedure in the system of guaranteeing the rights of participants in criminal court proceedings

Dildora Bazarova, Phd In Law Acting Professor Department Of Criminal Procedure Of Law And Criminalistics Of The Tashkent State University Of Law, Uzbekistan
2020 The American Journal of Social Science and Education Innovations  
in the pre-trial stages of criminal court proceedings.  ...  responsible for organizing criminal court proceedings in pre-trial stages.  ... 
doi:10.37547/tajssei/volume02issue02-01 fatcat:ki3ibqcb4raerdalajfpdokkoq

Principles of Criminal Justice as Guiding Principles in the Protection of Human and Civil Rights and Freedoms

Ekaterina Viktorovna Tokareva
2021 Revista GEINTEC  
The article considers the features of the implementation of the principle of competition, equality of the parties, a reasonable period of criminal proceedings in the pre-trial stages of the criminal process  ...  The conclusion summarizes all the procedural features which are encountered in the implementation of all the principles as fundamental principles during all stages of the criminal process.  ...  the pre-trial and judicial stages of the process.  ... 
doi:10.47059/revistageintec.v11i2.1745 fatcat:xncqfidplbesjlb7lk7irkfqha

Normative content of the principle of immediacy of research of testimonies, things and documents during criminal procedural evidence

Stetsyk Bohdana, Olga Vakulyk, Diana Serhieieva, Oksana Luchko, Mark Makarov
2022 Cuestiones políticas  
study of evidence and the problems of its implementation during criminal procedural evidence.  ...  To achieve the objective in the research process, a system of general and special methods is used, such as: dialectical method; method of systematic analysis of legal norms; comparative legal method; statistical  ...  Ensuring compliance with the principles of adversarial proceedings, the rule of law and the rule of law in the process of pre-trial investigation is the main guideline of investigating judges in Ukraine  ... 
doi:10.46398/cuestpol.4072.06 fatcat:e24zqk4wbfe6fhiyafdmwn7x3e

Russian court in adversarial criminal procedures

Erna Kaysynovna Batchaeva, Daria Olegovna Chistilina, Aleksandr Viktorovich Grinenko, Tatyana Kimovna Ryabinina, Vasiliy Jonovich Potapov
2021 Cuestiones políticas  
Most countries that practice an accusatory model of criminal justice grant the court a certain level of action that allows it to participate fully in the evidence during trials.  ...  This article discusses the role of the Russian court in accusatory criminal proceedings.  ...  A nominal adversarial approach which is present at the pre-trial stage is substituted by a real adversarial approach during court proceedings at which the defense files a motion to investigate additional  ... 
doi:10.46398/cuestpol.3971.30 fatcat:lfchxf5pszcqfggsud42eulpnq

Victim's Participation in Adversary Procedure of the Russian Federation's Criminal Procedure Code and Lessons for Vietnam

Tran Kim Chi
2021 Vietnamese Journal of Legal Sciences  
Is the victim an independent party to participate in the adversary procedure? Do the adversarial activities of the victim and the other subjects exist at the pre-trial stages?  ...  adversary procedure as an independent party.  ...  the rights of the victim" which has added a number of contents of the adversary procedure in order to strengthen the role and the right of the parties at the trial and better ensure the principle of adversary  ... 
doi:10.2478/vjls-2021-0015 fatcat:teo4l5xdarezje2ybsafqwfpzq

Ascertaining the Truth in Ukrainian Criminal Procedure

Oksana Yaremko
2015 osteuropa recht  
Дворицька, Доказування як процесуальний шлях пізнання істини в кримінальному процесі (Dvoryc'ka, The proof as a procedural way of knowing the truth in criminal proceedings),  ...  the legality of the proceedings at the pre-trial stages.  ...  In particular, during the pre-trial investigation an investigating judge considers the following objectives (in compliance with adversarial proceedings): 1) to ensure the application of the criminal proceedings  ... 
doi:10.5771/0030-6444-2015-4-429 fatcat:ppagyvgyfjdc3m6eanwvvzv7ue

The Adversarial System in the Criminal Process of Ukraine: Technical and Legal Aspects

Anton Stolitnii
2019 Russian Law Journal  
lawyer in electronic criminal procedural processes; and development of proposals for improving the domestic practice of law enforcement.The Uniform Register of Pre-trial Investigations (URPI) has been  ...  The tasks of this article are as follows: analysis of issues that may arise when establishing such adversarial system in the criminal process of Ukraine; study of foreign experience of involving a defense  ...  of excel functions, which generate data on violations of criminal procedural legislation, the parties to the criminal process will receive an innovative instrument to ensure the due process of law. 49  ... 
doi:10.17589/2309-8678-2019-7-1-154-177 fatcat:ag3gupxyh5gl3edqbt6dmou4zy

Finding the Best Epistemic Fit for International Criminal Tribunals: Beyond the Adversarial-Inquisitorial Dichotomy

J. Jackson
2009 Journal of International Criminal Justice  
The article goes on to argue that some of these shortcomings have been addressed within the International Criminal Court by the establishment of a Pre-Trial Chamber but that the Chamber needs to be developed  ...  It is argued that although the tribunals have met the minimum standards of fairness required by these norms, the combination of adversarial party presentation and free admission of evidence, within an  ...  of the parties' cases. 40 Apart from the clear domination of the pre-trial and trial process by the parties and their cases, the parties themselves are conceived of in the rules as competitors in a  ... 
doi:10.1093/jicj/mqp008 fatcat:kgxa42ne7jabbirvgjjzrwy2ma

ISLANDS OF ADVERSARIAL PROCEEDINGS IN THE PROSECUTION PHASE

Radu-Bogdan CĂLIN
2022 Challenges of the Knowledge Society  
The study is divided into three chapters, it begins with an overview of the adversarial principle/ principle audi alteram partem which characterizes the trial phase and is sporadically found in the prosecution  ...  The islands of the adversarial proceedings encountered in the criminal investigation phase, offer the means of evidence submitted under adversarial conditions extra reliability and are an expression of  ...  The adversarial principle is a fundamental principle that is specific to the preliminary chamber phase and the trial phase of the criminal trial, the criminal investigation being a predominantly nonpublic  ... 
doaj:fe3007890eea4b129c9e97b4793976ce fatcat:ksgl56xm3zdovmuaeihqapi47i

What are the Objectives of International Criminal Procedure? – Reflections on the Fragmentation of a Legal Regime

Mark Klamberg
2010 Nordic Journal of International Law  
It is argued that the relevant objectives which determine the outcome of a hard case vary depending on the procedural stage and in each procedural stage there is a structural bias towards one or several  ...  International criminal courts pursue several objectives including retribution, deterrence, creating a historical record and giving a voice to the victims while the rights of the accused are protected.  ...  adversarial aspect of the criminal procedure, the objective of fair trial tends to make it central.  ... 
doi:10.1163/157181010x12668401899075 fatcat:xm3v2flxojhcficfc3yuby7teq

Tempered Adversariality: The Judicial Role and Trial Theory in the International Criminal Tribunals

PETER CARMICHAEL KEEN
2004 Leiden Journal of International Law  
The article concludes by arguing that ICP is based on a new theory of the trial: the theory of 'tempered adversariality'.  ...  Consensus on the principles underlying ICP is needed to ensure consistent standards of justice.  ...  There is a rigid separation of functions between the trial chamber and pre-trial chamber, and the pre-trial chamber is explicitly made responsible for supervising the investigation.  ... 
doi:10.1017/s0922156504002225 fatcat:pjyn7rlnu5fj3frsh2fhb2cffm

Negotiations 'on Evidence' and Negotiations 'on Sentence': Adversarial Experiments in Italian Criminal Procedure

S. Maffei
2004 Journal of International Criminal Justice  
Code of Criminal Procedure came into force.  ...  Such reforms, driven at times by concerns of public interest and, at other times, by the endorsement of the fundamental rights of the accused, have culminated in the 1999 fair trial amendment to the Constitution  ...  The joint request of the parties was still subject to judicial review, so that the pre-trial judge could reject it if the amount of evidence available at that stage would not permit a reasoned decision  ... 
doi:10.1093/jicj/2.4.1050 fatcat:aytyt3ovuba2hg5qqkjlvkoxjq

The Analytical Value of the Adversarial-Inquisitorial Dichotomy in Approaches to Proof: The Examples of England and Turkey
İtham-Tahkik (Adversarial-Inquisitorial) Dikotomosinin İspat Hususunda Analitik Değeri: Türkiye ve İngiltere Örnekleri

Halil CESUR
2018 Journal of Penal Law & Criminology  
on the mentality of parties during the trial.  ...  used today to show the general character and structure of criminal trial models.  ...  of parties during the trial.  ... 
doi:10.26650/jplc2018-0008 fatcat:h6oeee6ym5alhe3d44ma7tmacm

Mechanisms of elimination of undesired evidence from criminal trial: a comparative approach

Hanna Kuczyńska
2021 Revista Brasileira de Direito Processual Penal  
The admissibility of evidence can be decided on two stages: either during pre-trial procedures (in camera hearings, which in most of the states are not adversarial) or in trial.  ...  Evidentiary barriers … op.cit., p. 519-520. various types of pre-trial hearings and during trial in the form of a ruling over an objection of the opposite party.  ...  In the Anglo-Saxon states the central position of the adversariality principle leads to the dominant position of the parties in the mechanism of elimination of evidence.  ... 
doi:10.22197/rbdpp.v7i1.473 fatcat:gmzntvqlbres7ic7zdfsdvfu5y
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