Institute of Trial in the Countries of the Far East
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Institute of Trial in the Countries of the Far East
Abstract
PII
S1991-32220000622-3-1
Publication type
Article
Status
Published
Authors
Dmitriy Polyakov 
Occupation: Postgraduate Student
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Pages
114-124
Abstract

The criminal procedure doctrine has developed a classification of forms of trial with the allocation of characteristic features by which they can be identified. Thus, in general, judicial-revision, accusatory and mixed forms of trial are distinguished.

The institution of bringing to trial in the criminal process of a particular State, although it can be generally attributed to a certain form, however, in a normative reflection it includes the specifics of the national procedure for criminal proceedings. The urgency of solving the problems of bringing the accused to trial in domestic criminal proceedings, the procedure of which has not changed substantially since the adoption of the CPC of the Russian Federation in 2001, forces us to turn to a comparative legal study of the legal regulation of this institution. On the one hand, it is legitimate to consider the experience of Western countries, since the domestic criminal process is historically interconnected with the European legal traditions of its organization. In addition, the approaches of Western countries are mutatis mutandis widespread in the world. On the other hand, the example of the countries of the Far East confirms that, even despite the borrowing of Western models of criminal proceedings or their individual institutions, their laws define the specifics of the procedure for criminal proceedings, reflecting national legal traditions and having a certain identity, especially when regulating the procedure for bringing an accused to court.

The article analyzes the institution of trial in the criminal proceedings of some countries of the Far East, examines its features and highlights the elements of judicial review and accusatory forms of trial, and gives a classification of the countries of the Far East on this basis.

Keywords
to trial, Far East, criminal proceedings, criminal justice system, China, Japan, South Korea, North Korea, India, Vietnam, Thailand
Date of publication
19.04.2024
Number of purchasers
3
Views
60
Readers community rating
0.0 (0 votes)
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References



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