THE ADVERSARIAL PRINCIPLE AS A DETERRENT ON CRIMINAL PROCEDURE AT THE STAGE OF PRELIMINARY INVESTIGATION
Authors:
1.
Sledstvennyy komitet RF Leningradskoy oblasti
Type:
Article
Pages:
from 77
to 84
Status:
Published
Received:
06.09.2015
Accepted:
15.09.2015
Published:
25.09.2015
Language:
Russian
Keywords:
principle and model of contentiousness, investigator, parties, prosecution, defense, court, confrontation, fighting, dispute, winning a case, fail in suite, criminally-remedial activity, objective truth, information picture, prosecution, objective investigation
Abstract (English):
In this article there’s given a critical appraisal of contentiousness as a principle and model of the modern Russian Federation Code of Criminal Procedure that has been raised to an absolute maximum of criminally-remedial activity. Contentiousness operates on every stage of criminal proceeding including preliminary investigation. «Pure contentiousness» changes the focus of procedural activity from research way to primitive case winning by one party. According to the concept of contentiousness legal dispute, opposition of defense and prosecution makes the content of criminally-remedial activity. The concept of contentiousness shaded the concepts of truth, justice, objective truth. Criminally-remedial activity of investigative agencies is turning to an instrument of wining a case. With this the aim of a formal case winning is getting an appropriate decision for defendant party that does not always reflect the actual event. However, the investigator according to his legal nature must not be one-sided criminal persecutor, but an objective researcher; he should be aimed at find an objective truth in criminal case.
In this article there’s given a critical appraisal of contentiousness as a principle and model of the modern Russian Federation Code of Criminal Procedure that has been raised to an absolute maximum of criminally-remedial activity. Contentiousness operates on every stage of criminal proceeding including preliminary investigation. «Pure contentiousness» changes the focus of procedural activity from research way to primitive case winning by one party. According to the concept of contentiousness legal dispute, opposition of defense and prosecution makes the content of criminally-remedial activity. The concept of contentiousness shaded the concepts of truth, justice, objective truth. Criminally-remedial activity of investigative agencies is turning to an instrument of wining a case. With this the aim of a formal case winning is getting an appropriate decision for defendant party that does not always reflect the actual event. However, the investigator according to his legal nature must not be one-sided criminal persecutor, but an objective researcher; he should be aimed at find an objective truth in criminal case.
Keywords:
principle and model of contentiousness, investigator, parties, prosecution, defense, court, confrontation, fighting, dispute, winning a case, fail in suite, criminally-remedial activity, objective truth, information picture, prosecution, objective investigation
principle and model of contentiousness, investigator, parties, prosecution, defense, court, confrontation, fighting, dispute, winning a case, fail in suite, criminally-remedial activity, objective truth, information picture, prosecution, objective investigation
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