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Problematics of Realization of Adversarial Principle and the Principle of Equality of Arms at the Stage of the Investigation

Problematics of Realization of Adversarial Principle and the Principle of Equality of Arms at the Stage of the Investigation

Abstract

Criminal Procedure Code of Georgia tries to share the Anglo-Saxon law system model, which is based on “pure” equality of arms and adversarial principle; this can be said according to the requirements of the 9th article of the Criminal Procedure Code of Georgia regarding that at the beginning of criminal prosecution, the criminal process is being executed based on equality of arms and adversariality of the parties. The party is entitled to apply for a petition according to the rule established by Procedural Legislation, obtain via court, request, submit, and examine all the relevant evidence. Theoretical study of equality of arms and adversariality model stipulated by Georgian criminal procedural law, regarding that at the criminal prosecution stage, equally as the prosecution (investigator, public prosecutor) – defense (the accused, lawyer) is also granted with opportunity, collect the beneficial evidence by conducting the investigative actions and for refusing the guilty (offense) the accused charged with. Work has analyzed the problematics of the principle of equality of arms and the adversarial principle stipulated by Georgian procedural legislation, their procedural regulations, and those negative sides that hinder their complete and fair realization in investigative practice. Attention is drawn to the necessity of legislative changes in the investigator’s authority, in particular, the investigator should not represent the prosecution (party of charge), but he/she should be an independent procedural subject, being obliged to obtain both – incriminating and exculpatory evidence of prosecution (party of charge) with the same diligence, that will encourage the fair realization of equality of arms and adversarial into criminal procedural proceedings.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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Fields of Science
Fields of Science