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Westernizing the Criminal Justice Systems of Eastern European Countries: From the Soviet Criminal Process to the Inquisitorial-Accusatorial Criminal Trials

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Abstract:

Since the collapse of the Soviet Union, Eastern European nations faced the dilemma of either maintaining the Soviet criminal justice system or westernizing it. A desire to join the Council of Europe and the European Union forced many newly independent nations to harmonize their justice systems according to Western parameters. This included serious changes ranging from providing more rights to a criminal defendant (e.g., requiring a judicial control over searches and seizures) to the abolition of the death penalty. Some of the ideas were borrowed from the Continental European legal system and its Inquisitorial criminal process. This transformation was relatively painless since the Soviet Criminal Justice System always closely resembled the criminal process of Western Europe. However, several countries (e.g., Russia) began introducing the elements of Accusatorial trials, including a jury trials. This paper will focus on the difficulties of westernization of Eastern European criminal justice systems.
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Name: AMERICAN SOCIETY OF CRIMINOLOGY
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http://www.asc41.com


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MLA Citation:

Kutateladze, Besiki. "Westernizing the Criminal Justice Systems of Eastern European Countries: From the Soviet Criminal Process to the Inquisitorial-Accusatorial Criminal Trials" Paper presented at the annual meeting of the AMERICAN SOCIETY OF CRIMINOLOGY, Atlanta Marriott Marquis, Atlanta, Georgia, Nov 14, 2007 <Not Available>. 2010-01-24 <http://www.allacademic.com/meta/p201719_index.html>

APA Citation:

Kutateladze, B. , 2007-11-14 "Westernizing the Criminal Justice Systems of Eastern European Countries: From the Soviet Criminal Process to the Inquisitorial-Accusatorial Criminal Trials" Paper presented at the annual meeting of the AMERICAN SOCIETY OF CRIMINOLOGY, Atlanta Marriott Marquis, Atlanta, Georgia <Not Available>. 2010-01-24 from http://www.allacademic.com/meta/p201719_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Since the collapse of the Soviet Union, Eastern European nations faced the dilemma of either maintaining the Soviet criminal justice system or westernizing it. A desire to join the Council of Europe and the European Union forced many newly independent nations to harmonize their justice systems according to Western parameters. This included serious changes ranging from providing more rights to a criminal defendant (e.g., requiring a judicial control over searches and seizures) to the abolition of the death penalty. Some of the ideas were borrowed from the Continental European legal system and its Inquisitorial criminal process. This transformation was relatively painless since the Soviet Criminal Justice System always closely resembled the criminal process of Western Europe. However, several countries (e.g., Russia) began introducing the elements of Accusatorial trials, including a jury trials. This paper will focus on the difficulties of westernization of Eastern European criminal justice systems.

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