Difference between revisions of "Russia"
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===Statutory=== | ===Statutory=== | ||
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+ | The Code of Criminal procedure (CCP) of 2001 contains the variety of defendant’s rights at all stages of the criminal process. | ||
===Other Sources=== | ===Other Sources=== |
Revision as of 11:31, 3 May 2012
Contents
- 1 Background
- 2 Type of system
- 3 Sources of Defendant's rights
- 3.1 Constitution
- 3.2 Statutory
- 3.3 Other Sources
- 3.4 Protections from police
- 3.5 During detention
- 3.6 Rights at trial
- 3.6.1 Double jeopardy
- 3.6.2 Legality principle
- 3.6.3 Presumption of innocence
- 3.6.4 Standards of proof and standards for conviction
- 3.6.5 Right to compulsory process
- 3.6.6 Right to confront witnesses
- 3.6.7 Right to counsel
- 3.6.8 Right to a fair trial
- 3.6.9 Right to notice of charges
- 3.6.10 Right to non self-incrimination
- 3.6.11 Right to a speedy trial
- 3.6.12 Right to trial by jury
- 3.6.13 Right to impartial judge
- 3.7 Sentencing
- 3.8 Rights in prison
- 4 Ways to protects rights
- 5 Police Procedures
- 6 Court Procedures
Background
The Russian Federation is the biggest country all over the world, with its territory of 17 million sq. km. and 139.4 million of people, Moscow is its capital. Following the Russian revolution 1917, Russia became the largest and leading constituent of the Soviet Union, the world's first constitutionally socialist state and a recognized superpower. The Russian Federation was founded following the dissolution of the Soviet Union in 1991, but is recognized as the continuing legal personality of the Soviet state. Russia is a permanent member of the United Nations Security Council, a member of the G8, G20, the Council of Europe, the Asia-Pacific Economic Cooperation, the Shanghai Cooperation Organization, the Eurasian Economic Community, the Organization for Security and Cooperation in Europe (OSCE), and is the leading member of the Commonwealth of Independent States.
Type of system
The legal system of the Russian Federation is civil – legal system inspired by Roman law, the primary feature of which is that laws are written into a collection and codified. The judiciary in Russia is split into three branches: the regular court system with the Supreme Court at the top, the arbitration court system with the High Court of Arbitration on top, the Constitutional Court and constitutional (charter) courts of the subjects of federation as separate bodies. Criminal cases are heard by magistrates’ courts, courts of districts, courts of federal subjects (states), Supreme Court depending on the severity of a crime.
Sources of Defendant's rights
Constitution
Some fundamental defendant’s rights are guaranteed by the Constitution of Russian Federation adopted 12 of December, 1993. Moreover, the universally-recognized norms of international law and international treaties and agreements of the Russian Federation are a component part of its legal system. It means that after ratifying a treaty Russian Federation has an obligation to integrate the treaty’s norms into national legislation.
- article 20 – right to have the case examined by jury trial;
- article 22 – time limitation of the detention without the court’s decision;
- article 23 – right to privacy of letters limited only by court warrant;
- article 24 - ensure right to discovery for everyone;
- article 25 – privacy of the home;
- article 46 – guarantee judicial protection of freedoms and rights, the right to appeal to international bodies;
- article 47 - the right to the consideration of the case in competent court;
- article 48 - the right to qualified legal assistance, the right to receive assistance of a lawyer (counsel for the defense) from the moment of detention, confinement in custody or facing charges;
- article 49 – the presumption of innocence;
- article 50 – double jeopardy, the right to appeal against the judgment of a lower court decision to a superior court;
- article 51 – the right not to give self-incrimination evidence or against husband/wife and close relatives;
- article 54 – Ex Post Facto.
Statutory
The Code of Criminal procedure (CCP) of 2001 contains the variety of defendant’s rights at all stages of the criminal process.