Pubblicato in: Dalla Comunità internazionale

2015/1 - N. G. Stoyko, Truth seeking in modern investigatory and adversarial systems of criminal procedure




SUMMARY: 1. Introduction. – 2. Truth seeking in criminal-political context. – 3. Truth seeking in com- parative law context. – 4. Conclusions


1. Introduction
Traditionally truth seeking in criminal procedure is a debating point in Russian legal literature. Researchers debate (sometimes fiercely): whether truth seeking is an objective of the criminal procedure; is it compatible with adversarial criminal procedure; if objective truth exists or it is just a legal formalisa- tion; is a negation of truth seeking as objective of criminal procedure means negation of objective and comprehensive inquiry. Proposal to incorporate principle of objective truth into Criminal Procedure Code of the Russian Federation has triggered...