NCJ Number
86136
Date Published
1981
Length
27 pages
Annotation
This discussion of the criminal justice system of the Union of Soviet Socialist Republics considers substantive criminal law, criminal procedure, and the execution of penal measures (corrections).
Abstract
In the USSR judicial decisions do not have the power of precedent and must be pronounced in strict conformity with the legislation in force. In practice, lower courts pay close attention to higher court rulings, particularly to the Supreme Court of the USSR. Under socialism, the criminal law is considered an auxiliary means for protecting the legal order from criminal abuse. In accordance with the Fundamentals of Criminal Legislation, only persons guilty of intentional or careless crimes provided for in the criminal code as socially dangerous acts are subject to criminal responsibility. In accordance with the Soviet theory of criminal law, punishment is a retribution for the crime committed. In the USSR justice is administered only by the courts, and the principle of presumption of innocence applies to the whole of Soviet criminal procedure. Accused persons have the right to know what they are accused of; to present evidence; to enter petitions; to file complaints over the actions and decisions of the investigator, the procurator, and the court; to make challenges; to acquaint themselves with all the case material; and to have defense counsel. The execution of punishments in the USSR is based on strict observance of socialist legality, ample participation of the public in the correction of offenders, compulsory enlistment for socially useful work, individualization of punishment and differentiated application of correction and reform, and building the spirit of collectivism and initiative in convicted persons.