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Criminal Procedure

2008

Southern Methodist University

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Russia's Criminal Procedure Code Five Years Out, William Burnham, Jeffrey Kahn Jan 2008

Russia's Criminal Procedure Code Five Years Out, William Burnham, Jeffrey Kahn

Faculty Scholarship

After a long delay in drafting, a new Criminal Procedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some striking innovations, most notably changes at the trial stage, which implement the constitutional requirements of adversarial principles. However, it also retains several throwbacks to the past, particularly its preservation of the formal pretrial investigation, during which evidence is parsed and collected in a dossier, which then dominates the trial of the case. The result is that old and new constantly contend with each other. Implementation of the new adversarial procedures is also ...