Problematic Aspects of the Basic Principles of Criminal Procedure in the Draft Recodification of Criminal Procedure
2023
Abstract
The paper discusses the basic principles of criminal procedure as set out in the draft of the new Criminal Procedure Code. The author also presents the work of the recodification commission on these principles.
He mentions the problems connected with their expression in the text of the code and their systematic arrangement. Two principles are examined in detail.
Concerning the principle of legality, he considers the discretionary powers of the prosecutor and the method of controlling compliance with it. With regard to the principle of substantive truth, he discusses the extent to which this principle is eroded by institutions adopted from other legal systems.