Russian Federation

Criminal Procedural Code of the Russian Federation

Part One. General Provisions

Section I. Basic Provisions

Chapter 2. Principles of the Criminal Court Proceedings

Article 15. Parties' Adversarial Nature

1. The criminal court procedure shall be conducted on the basis of the adversarial nature of the parties.
According to Resolution of the Constitutional Court of the Russian Federation No. 13-P of June 29, 2004, recognized the second part of Article 15 of the present Code as not contradicting the Constitution of the Russian Federation, since in accordance with their legal constitutional meaning in the system of norms of the criminal procedural legislation the provisions, contained in it, as not presupposing a restriction of the operation of the constitutional principle of competitiveness, do not relieve the official persons of the state bodies, who are participants in a criminal court procedure on the side of the prosecution, from the discharge of the constitutional duty, involved in protecting the rights and freedoms of man and citizen, including from an illegal and an unsubstantiated accusation, conviction or another restriction of the rights and freedoms of man and citizen in the investigation of crimes and in the criminal court proceedings on criminal cases

2. The functions of the accusation, of the defence and of the resolution of a criminal case are set apart from one another and cannot be imposed upon one and the same body or upon one and the same person.

3. The court shall not be seen as a body of criminal prosecution, it shall not come out either on the side of the prosecution or on the side of the defence. The court shall create the necessary conditions for the parties to discharge their procedural duties and to exercise the rights, granted to them.

4. The parties of the prosecution and of the defence shall enjoy equal rights before the court .

Keywords

Fair trial standards
Equality of arms



EDIT.