Prospects for modernization of appeal proceedings in Russian criminal procedure: analysis of foreign experience

Abstract

The article researches the problem of presenting new evidence on appeal. Part 6.1 of Article 389.13 of the Code of Criminal Procedure of the Russian Federation is analyzed. A comparison is made between Russian and German procedures and conditions for the presentation of new evidence to ensure a high standard of administration of justice in criminal cases. The characteristic features of the German criminal appeal are singled out and described, which can become a guideline for improving Russian proceedings in the courts of appeal. In view of the foregoing, the purpose of this study is to establish the essential features of foreign legal order in the indicated respect and to assess the possibility of formulating conclusions and proposals aimed at improving the domestic model of the criminal process based on the legislative and doctrinal experience of the related legal order. In this regard, at this stage, the main task is a systematic analysis of the appellate proceedings in Germany through the prism of legislation, doctrine and practice of law enforcement and, on this basis, an assessment of the domestic model of appeal in criminal proceedings. Due to the specifics of the study, the methodological basis is the comparative legal method in all its variety of manifestations as a complex methodological system. The study substantiates the ideas of a full-fledged appeal and the need for unconditional (free) presentation of new evidence in the Russian appeal. The result of the study and analysis were proposals for the modernization of criminal procedure law: the procedure for presenting new evidence in an appeal should be simplified.