One-Sided and Incomplete Investigation of the Circumstances of the Case in Adversarial Criminal Proceedings

Abstract

Art. 389.15 of the Criminal Procedural Code of the Russian Federation contains a closed list of grounds for reversing or altering court rulings. The one-sidedness and incompleteness of the investigation of the factual circumstances of the criminal case is not indicated as one of such grounds. A one-sided or incomplete investigation of the factual circumstances of the case taken place in the course of criminal proceedings can influence the justness of the sentence. This conclusion follows from the analysis of the court practice formed after the 2013 reform. One of the goals of this reform was to obtain a “definitive judgment” upon completion of the appeal. Despite this, during the implementation of the reform, Article 389.15 of the Criminal Procedural Code of the Russian Federation, which establishes the list of grounds for reversing or altering court rulings, was not brought into line with the objectives of the reform. The law does not provide for such a ground as an incorrect investigation by the court of the factual circumstances of the criminal case, despite the numerous facts of revealing this violation by the courts of controlling authority.