NCJ Number
58386
Date Published
1979
Length
48 pages
Annotation
THE CRIMINAL PROCEDURE OF THE UNION OF SOVIET SOCIALIST REPUBLICS (USSR) BEGINS WITH THE BRINGING OF CHARGES BY EITHER THE VICTIM, AN AFFECTED AGENCY, OR THE POLICE AND CONTINUES THROUGH INVESTIGATION, TRIAL, AND SENTENCING.
Abstract
THE COURT SYSTEM FOLLOWS PRINCIPLES SET FORTH IN ARTICLE 151 OF THE NEW CONSTITUTION. THE ARTICLE SPECIFIES THAT ALL COURT PROCEEDINGS MUST BE PUBLIC UNLESS THE PERSONAL LIFE OF THE VICTIM OR A WITNESS WOULD BE HELD UP TO RIDICULE (AS IN SEX CASES) OR STATE SECRETS WOULD BE EXPOSED (AS IN MILITARY CASES). ALL INDIVIDUALS ARE EQUAL BEFORE THE LAW, WITH A PERSON BEING PRESUMED INNOCENT UNTIL PROVEN GUILTY. IN ABOUT 25 PERCENT OF CASES THE COURT TRAVELS TO A FACTORY OR A COLLECTIVE TO MAKE IT EASIER FOR WITNESSES TO TESTIFY AND TO BRING COURT PROCEEDINGS CLOSER TO THE PEOPLE. SINCE THE USSR IS A MULTILINGUAL NATION, IN THE LANGUAGE SPOKEN BY MOST OF THE PEOPLE IN THE AREA. STRICT RULES OF EVIDENCE ARE OBSERVED THROUGHOUT THE PRETRIAL PROCEEDINGS AND THE TRIAL ITSELF. IN ADDITION TO THE JUDGES AND JUDICIAL ASSISTANTS, THE PROCURATOR (OR PROSECUTOR), THE DEFENSE ATTORNEY, AND THE DEFENDANT, THERE ARE TRIAL ROLES FOR THE INVESTIGATOR (THE MEMBER OF THE POLICE FORCE WHO HANDLED THE BULK OF THE CRIMINAL INVESTIGATION), THE SOCIAL ACCUSER OR SOCIAL DEFENDER (MEMBERS OF LABOR UNIONS, COLLECTIVES, OR OTHER AGENCIES WITH AN INTEREST IN THE CASE), AND THE VICTIM (WHO OFTEN HIRES AN ATTORNEY AND TAKES AN ACTIVE ROLE IN THE PROCEEDINGS). THE ROLE OF EACH OF THESE PERSONS AND THE CONDUCT OF THE TRIAL IS SPELLED OUT IN DETAIL. FOOTNOTES GIVE EXTENSIVE CITATIONS FROM SOVIET LAW. (GLR)