Principles of encourage the accused to voluntary confession of their guilt, stemming from plea bargain under applicable law of the USA

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Introduction: the article presents the ideological analysis of plea bargain, determines the basic principles in its criminal procedure form, and reviews the ideological basis of encouraging the accused to voluntary confession in Russian criminal proceedings. The author does not set the task of procedural borrowing but considers the essence of encourage as a phenomenon inherent in criminal proceedings of different national types. Plea bargain under applicable law of the USA can add these shades of the essence. Materials and Methods: the study is based on general scientific methods of cognition and the methods inherent in legal science, in particular, on the method of comparative law research. In addition, the author applied elements of conceptual and ideological approach. Results: the author concludes that plea bargain under applicable law of the USA inherent in the following principles of encouraging the accused to voluntary confession: 1) universalism; 2) relative freedom of encouragement; 3) activity of court; 4) confidentiality of the peculiarities of plea bargain; 5) mandatory establishment of voluntary recognition; 6) objective truth...

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Короткий адрес: https://sciup.org/142223019

IDR: 142223019   |   DOI: 10.24420/KUI.2019.63.93.019

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