The procedures to ensure an adversarial criminal trial at the pre-trial stage

Authors

  • Valeria Mikhailovna Zentsova National research university «The Higher School of Economу»

DOI:

https://doi.org/10.17308/vsu.proc.law.2021.1/3284

Keywords:

criminal process, defense evidence, adversarial principle, favor defensionis, advocate, investigative judges

Abstract

At the pre-trial stage of criminal proceedings, the rights of the defence to a fair, adversarial criminal trial are implemented to the least extent. Legal inequality is primarily due to the fact that an advocate is deprived of the procedural possibility to independently collect evidence in a criminal case. The current article deals with the ways of resolving this problematic issue through the introduction of the institution of investigative judges and the right of a counsel (for the defense) to submit evidence (in criminal proceedings).

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Author Biography

  • Valeria Mikhailovna Zentsova, National research university «The Higher School of Economу»

    PhD student at the Department of Judicial authority at the Faculty of law

References

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Published

2021-03-15

Issue

Section

Criminal Law. Criminal Process. Criminalistics