This article explores early modern criminal procedure and the emergence of a culture of appeal in the Russian system of criminal justice. It raises several important questions: Why did the appeal procedure not function as an ultimate guarantee of justice? How did Russian procedural law make appeals nothing more than the last stop on an ‘assembly line’, as a confirmation of a verdict rather than another court instance? How was criminal procedure connected with the political regime and a broader understanding of justice in early modern Russia? And what was then the ultimate goal of appeals that encouraged litigants to proceed with their cases to the highest court authorities? The author argues that Russia developed a so-called ‘appeal culture’, i.e., a situation in which individuals were willing to proceed with an appeal despite the quality of judicial decisions. Coupled with selective justice and a subjective understanding of fair trial, the appeal became one of the main means of acquiring a desirable verdict or, at least, of preventing an adversary from receiving such a verdict.
, 2008 Review of Central and East European Law 33 (2008) 1-93 Russia’s CriminalProcedure Code Five Years Out William Burnham and Jeffrey Kahn Abstract After a long delay in drafting, a new CriminalProcedure Code for Russia was passed in 2001 and went into effect in 2002. The new Code contains some
During the last decades of the 20th century, a consensus has emerged that the Dutch Code of Criminal Procedure (CCP), which had entered into force in 1926, had become dysfunctional in connection with both main objectives of criminal procedure. The research project ‘Strafvordering 2001’ aimed at answering the question how a CCP would look which meets contemporary needs and corresponds to state of the art doctrinal views, and is coherent in the sense that it offers a systematic criminal procedure approach. The Dutch government responded to the research findings by means of the introduction of several legislative acts. The contributions in this book discuss the question of whether the legislator has succeeded in improving the law of criminal procedure.
[German version] From a historical perspective it is only possible to speak of a criminalprocedure (CP) in the technical sense if we can distinguish a field of criminal prosecution in the public (state) interest ( Punishment; Criminal law) from legal prosecution in the civil interest (including
The Law of International CriminalProcedure and Domestic War Crimes Trials GÖRAN SLUITER* Abstract This article deals with the question of possible effect of the law of international criminalprocedure for domestic war crimes trials. With the increasing number of national prosecutions for war
Criminal law features most prominently throughout the history of China. It applies to Chinese as well as foreigners. The increasing number of foreign people caught in the Chinese criminal justice system highlights the importance of an understanding of the Chinese criminal justice system. Equally critical in the understanding of Chinese society is an understanding of the role of criminal law and its practice in the protection or abuse of human rights in China.
Criminal Law and Criminal Procedure Law in the People's Republic of China provides the most up-to-date and full translation of the Chinese Criminal Law and Criminal Procedure Law. The translation is accompanied by a comprehensive introduction to the Chinese criminal justice system, its evolution and development.