Open AccessPlea bargaining institute in Russia: searching for the due process of law in criminal cases
Author(s) -
Evgeniy Korchago
Publication year - 2021
Publication title -
laplage em revista
Language(s) - English
Resource type - Journals
ISSN - 2446-6220
DOI - 10.24115/s2446-622020217extra-a925p.538-545
Subject(s) - plea , consolidation (business) , law , political science , meaning (existential) , process (computing) , law and economics , state (computer science) , sociology , economics , epistemology , computer science , philosophy , accounting , operating system , algorithm
The article considers the concept of due legal processes, its development and the current state – the institute of plea bargaining. Historical and comparative methods of legal research allowed the author to analyze elements of the above-mentioned concept and its initial consolidation in the Magna Carta of 1215. The author of the article has traced the evolution of the socio-legal institute, its new essence in the Anglo-Saxon and continental law, and the international recognition after World War II in the fundamental UN documents. They have also analyzed the meaning of this concept in the modern era when, for the sake of economic feasibility and efficiency, it is often necessary to refuse due processes and replace them with abridged procedures. As a result, the author has proved that the institute of plea bargaining is an integral part of the current due process.