Zashlyapin L.A. The Soviet Model Ensuring the Right to Defense and the Right to Questions of the Accused During Interrogations
DOI: https://doi.org/10.15688/lc.jvolsu.2023.1.13
Leonid A. Zashlyapin, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Criminal Procedure Law, North-Western Branch of the Russian State University of Justice, Alexandrovsky Park, 5a, 197046 Saint Petersburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-2502-8216 Introduction. The instability of the current criminal procedure law may be associated with strategic errors in the formulation of legislative ideas during the period of the previous Code of Criminal Procedure of the RSFSR, 1960. The purpose of the paper is to identify the relationship between the basic provision of the law on ensuring the right of the accused to defense and his right to questions in investigative actions. Methods. The system modeling based on the axiom that ensuring the right of the accused to defense as the main provision of the law and the subjective right of the accused to questions in the investigative interrogations show procedural similarity, is scaled. Results. The signs of eclecticism of the system model of the right of the accused to defense, dissonant with the subjective right of the accused to questions in investigative verbal actions of the original version of the CPC, are revealed. Conclusion. It is concluded that it is necessary to take into account when reforming criminal procedure law, the normative similarity manifested in the principle of ensuring the right to personal protection (Article 16 of the Code of Criminal Procedure of the Russian Federation, 2001), and the subjective right of the accused to questions in investigative interrogations.
Key words: criminal procedure, preliminary investigation, right to defense, ensuring the right to defense, interrogation, questions.
Citation. Zashlyapin L.A. The Soviet Model Ensuring the Right to Defense and the Right to Questions of the Accused During Interrogations. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 1, pp. 94-99. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.1.13
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