NCJ Number
57616
Journal
Prosecutor Volume: 14 Issue: 3 Dated: (JAN-FEB 1979) Pages: 197-200
Date Published
1979
Length
4 pages
Annotation
IMPRESSIONS OF THE RUSSIAN CRIMINAL JUSTICE SYSTEM GARNERED DURING A 2-WEEK EXCHANGE DELEGATION VISIT TO THE SOVIET UNION ARE GIVEN BY A U.S. DISTRICT ATTORNEY.
Abstract
THE VISIT INCLUDED CONFERENCES WITH TOP OFFICIALS OF THE SOVIET JUSTICE SYSTEM INCLUDING THE OFFICE OF THE PROCURATOR GENERAL, THE INSTRUMENT BY WHICH THE SUPREME WILL OF THE STATE IS IMPOSED ON THE PROCESSES OF JUSTICE IN THE SOVIET UNION. IN HANDLING ROUTINE CASES, THE SOVIET SYSTEM DELIVERS A FULL RANGE OF EFFICIENT CRIMINAL JUSTICE SERVICES. HOWEVER, IN CASES WHERE STATE INTEREST IS INVOLVED, AS IN THE PROSECUTION OF DISSIDENTS AND SOVIET JEWS WHO SEEK TO EMIGRATE OR WHERE THE CRIME IS CONSIDERED POLITICAL AND ANTI-SOVIET, THE SYSTEM BECOMES A RUTHLESS INSTRUMENT OF OPPRESSION. HERE 'STRICT SOVIET LEGALITY,' AS ENFORCED BY THE PROCURATOR, OVERRIDES ANY CONCEPT OF JUSTICE AND DUE PROCESS. PRACTICES IN SPECIAL CASES MAKE A MOCKERY OF THE RIGHT OF PRESUMPTION OF INNOCENCE WHICH THE NEW SOVIET CONSTITUTION CLAIMS FOR SOVIET CITIZENS. THE CASES OF SCHARANSKY, SLEPAK, AND BEGUN (ALL SOVIET JEWS) REFLECT THE MANNER IN WHICH PENAL LAWS AND THE JUSTICE SYSTEM OPERATE TO STIFLE DISSENT IN THE USSR. IN THE CONTEXT OF CASES, HUMAN RIGHTS AND THE CRIMES OF 'HOOLIGANISM' AND 'PARASITISM' ARE ANALYZED. A STRONG ENDORSEMENT IS MADE FOR FURTHER EXCHANGES BETWEEN AMERICAN AND RUSSIAN LAW ENFORCEMENT OFFICIALS TO PROVIDE A HIGHER QUALITY OF JUSTICE AND GREATER INDIVIDUAL FREEDOM IN BOTH COUNTRIES. (MJW)