https://vestnik.volbi.ru/


THE CONCEPT OF APPEAL (BERUFUNG) AND ITS SIGNIFICANCE FOR ELIMINATING MISCARRIAGES OF JUSTICE IN GERMANY

Back to articles of current journal
PDF: Author(s): Trofimik A. G.,
Number of journal: 3(52) Date: August 2020
Annotation:

The article, using a comparative legal methodology, researches appeal proceedings in German criminal procedure. Special attention is paid to the legislative technique of the German criminal procedure code, which ensured the establishment of a standard for investigating circumstances. The judicial mechanism for the elimination of justice miscarriages is analyzed. Special aspects of proving and introduction of new evidences in appellate court are estimating. The meaning of the legally established principle of material truth is stated (§ 244 II StPO). The obligation of the court ex officio to gather new evidences is analyzed. The principle of free assessment of evidence is explored. Based on the research, the hypothesis is put forward about the availability of German experience for solving problems of domestic legal regulation of appeals. In particular, it concludes that it is possible to build a model of the classic appeal in Russia, allowing to freely introducing new evidence, which will also make it possible to abandon the concept of additional materials under the Article 389.13 of the Code of Criminal Procedure of the Russian Federation. The research result is based directly on an extensive analysis and evaluation of the original doctrinal sources, case law and legislation of the Federal Republic of Germany. The research is allowed to expand the field of domestic legal knowledge in the scope of criminal proceedings, as well as prepared the significant proposals for the reform of certain legal institutions, in particular appeal proceedings, avoiding unreasonable reception of foreign law and experience.

Keywords:

appeal, miscarriages of justice, criminal procedure of Germany, comparative law, proving in the appeal, new evidence, justice, appellate review, elimination of justice miscarriages, reforming of the legislation.

For citation:

Trofimik A. G. The concept of appeal (Berufung) and its significance for eliminating miscarriages of justice in Germany. Business. Education. Law, 2020, no. 3, pp. 291–296. DOI: 10.25683/VOLBI.2020.52.304.