On the binding force of determinations of another court or authority in criminal proceedings in Russian criminal procedure
Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 3
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 3
Joanna Machlańska – Ph.D. candidate, Jagiellonian University, Chair of Criminal Law; advocate
Full text in PDF (open access)
Keywords
binding force of determinations of another court or authority in criminal proceedings, Russian criminal law, Russian criminal procedure, Russian Federation, principle of independence of jurisdiction
Summary
The binding force of determinations established in previous civil, administrative, arbitration or criminal proceedings as a criminal procedure institution exists in Russian law from 1864. In the current 2001 Code of Criminal Procedure, this regulation is contained in just one provision but continues to be the cause for disputes. This study is a critical analysis of the premises of this institution as stated in current Russian criminal procedure regulations. Considerations, in particular, concerns the criminal court’s problem of deprivation of the opportunity to prove circumstances previously established in other proceedings, and very limited opportunities to challenge those determinations by parties. This situation raises objections from the point of view of the principle of material truth, right to a fair trial and right to defense. In addition, the study presents the proposed amendment to the Article 90 of the Russian Code of Criminal Procedure, which would allow limiting the above-mentioned problems.
