Open AccessCONSIDERATION OF A CASE IN THE MERITS IN CRIMINAL PROCEDURE OF SWISS CONFEDERATION (PART 2)
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 - 10.12737/23530
Subject(s) - discretion , law , criminal procedure , sentence , political science , criminal code , code (set theory) , oath , order (exchange) , judicial review , criminal law , judicial discretion , 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 has analyzed the stage of preliminary proceedings, the composition of court of first instance, the limits of the judicial proceedings, issues of the prosecutors’ refusal, oath procedures, the structural elements of the merits, role of the courts at this stage of the process, features of sentence as a judicial act and regulation of legal costs. The author has paid an attention to the fact that the court in a Swiss legal order is an active one and has a wide discretion on issues of evidence and and investigative actions. This approach is derived from the principle of objective truth, which is the basis of the Swiss penal process and the straightly enshrined in article 6 of the Criminal procedure code. These issues are discussed using comparative legal aspects, not excluding the Russian judiciary. A few recommendations for the improvement of the code also were formulated in present article.