NCJ Number
58253
Date Published
Unknown
Length
6 pages
Annotation
THE RIGHT OF DEFENSE IN SOVIET JUDICIAL PROCEEDINGS IS DISCUSSED IN VIEW OF THE SOVIET CRIMINAL CODE AND CONSTITUTION AND THE RIGHTS AND DUTIES OF LAWYERS.
Abstract
SOVIET JUSTICE DOES NOT REGARD THE CONFESSION OF A DEFENDANT AS GROUNDS FOR CONVICTION. ACCORDING TO THE SOVIET CRIMINAL PROCEDURE CODE, THE ADMISSION OF GUILT BY A DEFENDANT MAY BE USED AS THE BASIS OF CONVICTION ONLY IF THE CONFESSION IS CONFIRMED BY THE EVIDENCE AVAILABLE. THIS LAW IS BASED ON AN ARTICLE IN THE SOVIET CONSTITUTION WHICH STATES THAT NO ONE CAN BE FOUND GUILTY OF A CRIME AND SUBJECTED TO CRIMINAL PUNISHMENT UNLESS GUILT IS ESTABLISHED BY A COURT. FOUR PRACTICAL RULES DERIVE FROM THIS RULING: A PRESUMPTION OF INNOCENCE PRESUPPOSES THAT A DEFENDANT IS NOT REQUIRED TO PROVE HIS INNOCENCE; A CASE IS ABSOLVED IF THE GUILT OF THE DEFENDANT CANNOT BE PROVED; ANY DOUBT IS WEIGHTED IN FAVOR OF THE DEFENDANT; AND ELICITING THE TESTIMONY OF A DEFENDANT BY FORCE, THREATS, OR SIMILAR METHODS IS PROHIBITED. DEFENDANTS HAVE THE RIGHT TO KNOW WHAT CONSTITUTES THE ACCUSATION AGAINST THEM; TO PROVIDE EXPLANATIONS ON THEIR BEHALF; TO CHALLENGE THE JUDGE OR PEOPLE'S STATEMENTS; AND TO APPEAL AGAINST THE ACTIONS OF A PROCURATOR, AN INVESTIGATING OFFICER, OR A COURT. MOREOVER, THE PARTICIPATION OF A DEFENSE LAWYER IS REQUIRED ONLY IN CASES INVOLVING DEFENDANTS UNDER 18 YEARS, PHYSICALLY OR MENTALLY HANDICAPPED PERSONS, PERSONS UNFAMILIAR WITH THE LANGUAGE OR PROCEEDINGS, AND WITH THE PARTICIPATION OF A STATE OR LOCAL PROSECUTOR IN THE TRIAL. CONVERSELY, A DEFENSE LAWYER CAN NOT BE IMPOSED ON A DEFENDANT. AMONG THE RIGHTS OF LAWYERS SET OUT IN THIS DOCUMENT ARE THE RIGHT TO MEET WITH THE ACCUSED, SUBMIT EVIDENCE, AND CHALLENGE MEMBERS OF THE COURT. THERE IS A MINIMAL CHARGE FOR A CRIMINAL CASE, AND IN SOME CASES LEGAL AID IS FREE. ARREST CAN ONLY OCCUR AFTER ISSUANCE OF A WARRANT OR BY COURT DECISION, AND PENALTIES ARE IMPOSED ON OFFICIALS GUILTY OR ILLEGAL ARREST OR DETENTION OF A CITIZEN. SIMILAR MEASURES EXIST FOR VIOLATIONS OF PRIVACY. FINALLY, AN APPEALS COURT CANNOT INCREASE THE PUNISHMENT INITIALLY IMPOSED ON A DEFENDANT. NO REFERENCES ARE PROVIDED.