检察官在法庭上辩论俄罗斯帝国刑事诉讼中的当事人

Vasily Gorbachev
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引用次数: 0

摘要

本文分析了俄罗斯帝国刑事诉讼中检察官在当事人司法辩论中的法律地位和实际作用。刑事案件的整体审理结果在很大程度上取决于这部分审判。对历史经验的研究是更好地理解和解决现代刑事诉讼问题的必要条件,这是建立在1864年司法改革确立的许多原则基础上的。司法辩论是刑事诉讼中新的对抗性原则的体现。在他们的控诉发言中,检察官不仅经常超出辩论的既定界限,而且也不遵守与被告和辩护人有关的道德要求。在某些情况下,检察官和辩护律师在审判中有冲突,辩论各方最严重地违反行为规则导致执政的参议院取消了判决。在司法和军事司法改革的初始阶段,法庭上的检察官是正确和公正的。然而,在19世纪80年代,他们的指责倾向有所增加,主要是在政治案件中
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Prosecutor in the court debate of the parties in the criminal process of the Russian Empire
The article analyzes the legal status and the actual role of the prosecutor in the judicial debate of the parties in the criminal process of the Russian Empire. The overall result of the consideration of the criminal case largely depends on this part of the trial. And the study of historical experience is necessary for a better understanding and solution of the problems of modern criminal procedure, which is based on many principles established by the judicial reform of 1864. The judicial debates were a manifestation of the new principle of adversarial in criminal process. In their accusatory speeches, the prosecutors often not only went beyond the established limits of the debate, but also did not comply with moral requirements in relation to defendants and defenders. In some cases, there were conflicts between prosecutors and defense lawyers in the trial, and the most gross violations of the rules of conduct by the parties of the debate led to the cancellation of the verdicts by the Governing Senate. At the initial stage after the judicial and military-judicial reforms, the prosecutors in court were correct and unbiased. However, in the 1880s, the tendency of their accusatory bias increased, mainly in political cases
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