Full Article: PDF
Scientific Object Identifier: http://s-o-i.org/1.1/TAS-06-122-4
DOI: https://dx.doi.org/10.15863/TAS.2023.06.122.4
Language: Russian
Citation: Artikov, J. Z., & Emelkina, N. L. (2023). Functions of prosecution and defense in judicial investigation under the conditions of competitiveness of parties. ISJ Theoretical & Applied Science, 06 (122), 22-27. Soi: http://s-o-i.org/1.1/TAS-06-122-4 Doi: https://dx.doi.org/10.15863/TAS.2023.06.122.4 |
Pages: 22-27
Published: 30.06.2023
Abstract: The article dwells on the issue beset with functions of prosecution and defense in judicial investigation under the conditions of competitiveness of parties. It is noted that the Code of Criminal Procedure for the first time delineated the procedural functions of the prosecution, the defense and the powers of the court. Currently, the idea of separating criminal procedural functions, in accordance with the principle of competition, which was previously often rejected, is supported by many prominent proceduralists who managed to explore the relevant issue. It is concluded that the nature and nature of procedural functions are determined by the content of criminal procedural activity, which is heterogeneous. In this regard, the question of the correspondence of procedural functions to the nature of the criminal process can be resolved on the basis of an analysis of the content side of criminal procedural activity.
Key words: functions of prosecution and defense, judicial investigation, competitiveness of parties, the Code of Criminal Procedure.
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