Examination of new evidence in criminal appeals

The problems of application of Art. 389.13 of the Code of Criminal Procedure of the Russian Federation are considered in the article, namely the theoretical and practical aspects of collecting, verifying and evaluating new evidence in appellate criminal proceedings in Russia. The concept of new evidence in criminal appeals is analyzed as well as a comparative analysis of new evidence and additional materials in criminal proceedings is provided by the author. The article is based on the application of the comparative legal methodology and the legislative and doctrinal experience of Germany. The main features of the classical continental appeal model are presented with regard to the use of new evidence in a criminal appeal.