Modern Soviet Criminal Procedure - A Critical Analysis

• NCJ Number: 94049
• Journal: Tulane Law Review Volume: 57 Issue: 3 Dated: (February 1983) Pages: 439-601
• Author(s): C Osakwe
• Date Published: 1983
• Length: 167 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

This comprehensive survey of Soviet criminal procedure contends that while the Soviets made giant theoretical steps in both substantive criminal law and criminal procedure during the era of Khrushchev-Breshnev reforms, the Nation woefully fails to live up to expectations created by its own laws.

Abstract

The underlying purpose of every rule within the Soviet system is the search for objective truth. Thus, factual evidence is emphasized, and each statutory discretion is carefully defined and structured. The author reviews differences between accusatorial and inquisitorial systems, the historical evolution of Soviet criminal procedure, and the role of the procurator, the most important official operating within the system. A summary of the major phases of a criminal proceeding covers investigation, pretrial procedures, trial, and sentencing. Because pretrial procedures serve to screen and prepare cases thoroughly, most cases that go to trial result in convictions. Mechanisms to review judgments are examined, with attention to supervisory review -- a procedure subjected to virtually no statute of limitations and applicable to almost any court decision. The paper then focuses on due process protections, especially as they have evolved under Soviet law since the adoption of the 1977 constitution. Specific areas considered include search and seizure, warrantless arrest, detention, probable cause, stop and frisk, confessions, privilege against self-incrimination, right to counsel, right to speedy trial, entrapment, and the defense counsel's role. The article also examines cooperation between the regular criminal courts and quasi-judicial agencies, rules of evidence, role of lay judges, the participation of social accusers and social defenders in criminal trials, and statutes of limitation. The author suggests several reforms for Soviet criminal procedures. The paper includes 407 footnotes.