GENERAL PART
Section One : GENERAL PROVISIONS
CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS
Article 23. Adversarial System of Criminal Proceedings
1. Criminal proceedings shall be conducted on the basis of the principle of adversarial process.
2. Criminal prosecution, defense, and final resolution of a case shall be separated from each other and shall be conducted by different bodies and persons.
3. The court is not a body supporting either the prosecution, or defense party, while maintaining and expressing only the interests of the law and justice.
4. The court trying a criminal case, shall uphold the principles of objectivity and impartiality and shall create necessary conditions for both parties to comprehensively and fully examine all the circumstances of the case. The court is not bound by the opinions of the parties and is entitled to undertake, upon its own initiative, all the necessary measures to reveal the truth in the criminal case.
5. The parties to a criminal proceeding are empowered by the criminal-procedural legislation with equal rights and chances to defend and support their own positions. The verdict of the court may be based on such evidence only, examination of which has been made equally accessible for both parties.
6. In the choice of their standpoints and methods and measures to be used to maintain those standpoints in the course of criminal proceedings, the parties shall be independent of the court or any other bodies and persons. Upon the motion of a party, the court shall assist such party in receiving necessary materials, in the manner prescribed by this Code.
7. The court shall ensure the right of the parties to participate in the trial of the case by the court of first instance and the appellate court. The person who brought the appeal is entitled to be present in the cassation court.
8. Participation of the parties in the examination of a criminal case at the court is obligatory. In every criminal case, prosecution shall be represented at the trial by a prosecutor.
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