Open AccessCONSIDERATION OF A CASE IN THE MERITS IN CRIMINAL PROCEDURE OF SWISS CONFEDERATION (PART 1)
Author(s) -
Александр Трефилов,
Александр Трефилов
Publication year - 2016
Publication title -
žurnal zarubežnogo zakonodatelʹstva i sravnitelʹnogo pravovedeniâ
Language(s) - English
Resource type - Journals
eISSN - 2587-9995
pISSN - 1991-3222
DOI - 10.12737/21870
Subject(s) - law , discretion , criminal procedure , sentence , criminal code , political science , code (set theory) , oath , economic justice , order (exchange) , criminal law , computer science , business , set (abstract data type) , finance , artificial intelligence , programming language
In the present article which is made of two parts the author analyses consideration of a case in the merits in Swiss criminal procedure, taking into account revised Criminal Procedural Code of Switzerland of 2007. The author researches the stage of preliminary proceedings, the composition of court of first instance, the limits of the case, the refusal of the prosecutor of charge,
oath procedures, the structural elements of the merits, the court’s role at this stage of the process, features of sentence as a judicial act and regulation of legal costs. The author draws attention to the fact that in this legal order the court is active and has a wide discretion in matters of evidence and the conduct of investigations. This approach is stipulated by the principle of objective truth which is the basis of the Swiss criminal procedure and directly established in Art. 6 of the Swiss Criminal Procedure Code. These issues are reviewed in a comparative manner, which includes Russian justice as well. The author offers specific recommendations for improvement of the Russian Criminal Procedure Code.