FEATURES OF THE PRINCIPLE OF COMPETITION IN SPECIAL PROCEDURES OF CRIMINAL PROCEEDINGS
DOI:
https://doi.org/10.18623/rvd.v23.6335Palabras clave:
Adversarial Principle, Special Procedure of Judicial Proceedings, Criminal Procedure, Simplified Procedures, Pre-Trial Cooperation Agreement, Guarantees of the Rights of the AccusedResumen
The article examines the specifics of the implementation of the fundamental principle of competition in special (simplified) procedures of criminal proceedings. The authors analyze the inherent contradiction between the classical model of the adversarial process and the dominance of accelerated, conciliation procedures. On the basis of comparative legal proceedings, the conclusion of a pre-trial cooperation agreement and a special procedure for judicial proceedings with the consent of the accused to the charge, key modifications of the roles of the parties and the court are identified. The authors conclude that the principle of competition in special orders has been transformed, which is manifested in its reduction, a shift in emphasis to written materials, an increase in the discretionary powers of the court and a change in the nature of judicial investigation. The need to maintain a balance between effectiveness and guarantees of the rights of the accused is emphasized.
Citas
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