Adversarial Principles and the Case File in Russian Criminal Procedure
ORCID (Links to author’s additional scholarship at ORCID.org)
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.
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