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Actual problems of Russian law
Reference:

Zashlyapin, L.A. Questions of the parties in the process of interrogation according to the Charter of Criminal Judicial Proceedings

Abstract: The article concerns normative rules for the formulation and use of questions by the parties in the process of interrogation within the framework of criminal judicial proceedings. Special attention is paid to the procedures of formulation and use of questions by the parties (public accuser, defense lawyer) to the criminal defendant, knowledgeable persons and witnesses. The article includes the following descriptions: a) procedures, establishing the order of posing questions to the criminal defendant, knowledgeable persons, witnesses; b) procedure of use of narration of a witness as the basis for posing questions; c) classification of types of questions, as distinguished by the legislator in the Charter of Criminal Judicial Proceedings of 1864. The main method for the studies was comparing the norms of the Charter of Criminal Judicial Proceedings of 1864 and the Criminal Procedural Code of the Russian Federation of 2001. The scientific novelty of the article is due to revealing of the topical norms of the Charter of Criminal Judicial Proceedings of 1864, which may be used for the improvement of the norms of current criminal procedural law in respect to formulation and use of questions by the parties in the process of adversarial interrogation.


Keywords:

criminal process, judicial investigation, interrogation, question, party, criminal defendant, victim, witness, expert, specialist.


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