Shabunina O.V. Peculiarities of Criminal Trials Considered by the Court of Appeal: International Experience
Oksana Vladimirovna Shabunina
Judge of Volgograd Regional Court
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Prosp. Lenina, 8, 400066 Volgograd, Russian Federation
Abstract. The article gives a comparative legal analysis of control of court judgments at the stage of appeal proceeding in foreign countries such as France, Germany, Great Britain, the USA. There is an influence of international practices on the existing order of appeal proceedings in the Russian criminal proceedings.
Attention is paid to similarities between the English and American legal systems and the Russian procedural law which limits the right of a convicted person to appeal against facts of the case. Resemblance between the institutions of control of court decisions in France and Germany is established which is explained by the fact that they belong to the same – continental – type of procedure as well as adoption of the French system of review and control of sentences in Germany, and later in Russia in the 19th century.
The trend towards conducting proceeding in appeal in France and Germany according to the rules of the Court of the first instance is shown. At the same time it is noted that the German legislator has regard to the fact that functions of the Court of Appeal are derived from the Court of the first instance and no breach can be corrected in the Court of Appeal.
Effectiveness of the combined type of appeal proceedings accepted by the existing Russian legislation taking into account international practices is noted.
Key words: appeal, court judgment, Court of Appeal, lawsuit, institute of appellation procedure.
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