The problem of the search for truth in criminal proceeding and pre-trial agreement on cooperation

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Abstract


The article touches upon the problems of the search for truth in criminal proceedings and pre-trial agreement. Particular attention is drawn to the fact that simplify the criminal proceedings had tried before, but it kept the principle of the mandatory establishment of objective truth in the course of the proceedings. Comparative analysis between the European continental and the Anglo-Saxon institutions "transactions of recognition." The article analyzes the views of supporters that depart from the principle of reflection. Based on the conducted research, the authors argue that the simplified procedure does not prohibit the search of truth, as evidenced by the actions of the judge on senior 316 and senior 317.7 the code. The judge objectively evaluates the actions of the defendant, which are listed in the pretrial agreement and has the right to take a case in a specific order in connection with pre-trial cooperation agreement, other than the sentence of a court decision. The idea is substantiated that the Russian criminal procedure puts at the forefront the establishment of all the true circumstances of the incident, and only after that the achievement of formal result and reduce the time and scope of the criminal process. The authors come to the conclusion that the Russian criminal procedure puts at the forefront the establishment of all the true circumstances of the incident, and only after that the achievement of formal result and reduce the time and scope of the criminal process.

About the authors

L V Bertovsky

Peoples’ Friendship University of Russia

Email: bgl1980@yandex.ru
The Department of Criminal Law and Procedure

P V Edilova

Peoples’ Friendship University of Russia

Email: epetima@mail.ru
The Department of Criminal Law and Procedure

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