Voskobitova, L.A. Accusation or an accusatory inclination?

Abstract: The article concerns an accusatory inclination as a negative matter in the modern practice of criminal judicial proceedings. The reason for the accusatory inclination is in the distortion of the understanding of the adversarial principle and lack of formed practice in the sphere of competitive process, guaranteeing comprehensive and full establishment of the facts of the case and justice in a judicial proceedings. The author discusses the role of investigator, prosecutor and court and their procedural abilities for the counteraction to the accusatory inclination. The author reveals and shows some criteria, which allow to uncover the accusatory inclination at the right time. Termination of such matters from the criminal judicial practice shall allow to correct the existing distortions and return the practice within the framework of lawfulness and guarantees of human rights on criminal judicial proceedings.

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