| Article | Implementation of Adversarial Principle in Proof in Pre-Trial Criminal Proceedings |
|---|---|
| Authors |
Kostiuchenko O.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 08 / 2015 |
| Pages | 136 - 143 |
| Annotation | The article is dedicated to the adversarial principle of criminal proceedings in proof in pre-trial investigation on the grounds of adversarial nature and freedom to produce evidence to the court and prove their credibility, guaranteeing fairness and legality of the judgment. Ways of improving the adversarial procedure of proof at the stage of pre-trial investigation and thereby ensuring adversarial nature of pre-trial proceedings are determined, namely: 1) granting the injured the status of private prosecutor with significant expanding his procedural rights for better integration of legal position of the injured in criminal proceedings that has no procedural tools except motion and debate; 2) extending the court jurisdiction at the pre-trial stage of the process by providing it with responsibilities currently entrusted to the authorities of pre-trial investigation to address motions by the defense for legal procedures; 3) submitting objections to the judgement by the defense, drafting act of defense after the proceedings opening that may be filed with the court and announced by the prosecutor after the verdict. |
| Keywords | proof, adversarial nature, parties, pre-trial investigation, judicial control, function, investigator, injured, counsel. |
| References | |
| Electronic version | Download |