Criminal Procedure, Code of

Criminal Procedure, Code of

 

a legislative act establishing the method for preliminary investigation and judicial consideration of criminal cases. In the USSR the competence to adopt codes of criminal procedure is assigned to the legislative bodies of the Union republics. After the adoption in 1958 of the Basic Principles of Criminal Court Procedure of the USSR and the Union Republics, new codes of criminal procedure were adopted between 1959 and 1961 in all Union republics; in the RSFSR, a code of criminal procedure was adopted on Oct. 27, 1960, and put into effect on Jan. 1,1961.

The code of criminal procedure determines the rules for the activities of agencies of inquiry and preliminary investigation, the procurator, and the court in initiating and investigating criminal cases; for arraignments; for judicial hearings and cassational and supervisory proceedings; for the reopening of cases as the result of newly discovered circumstances; and for the deciding of procedural questions in the execution of a sentence. It also determines the procedure for the participation of citizens and representatives of the public and of institutions, enterprises, and organizations in criminal case proceedings, the scope of the procedural rights and obligations of each participant in the proceedings, and the guarantees of such rights.

The codes of criminal procedure of the Union republics are formulated under a uniform system. The fundamental provisions of the codes include rules pertaining to all stages of proceedings: the tasks of court proceedings; the tasks of agencies of inquiry and preliminary investigation, the procurator, and the court; constitutional guarantees of the individual and procedural rights and obligations of participants in the proceedings; and challenges, evidence, and procedural deadlines. The codes also specify the order of individual stages of proceedings as well as procedural peculiarities for certain categories of cases.

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