CRIMINAL PROCEDURE COMPARATIVISTICS – A TERRITORY OF DISCOVERIES AND MISCONCEPTIONS

Abstract

The widespread application of comparative legal studies in modern criminal procedure literature is explained not only by purely cognitive interest, but also by the objective need to study and take into account the experience of the development of foreign criminal procedure systems in order to timely identify, solve and forecast the problems of the own national criminal procedure system. Purpose: to identify the signs of qualitative and low-quality author's comparative criminal procedure studies and show by examples both positive and negative effects of using comparative legal techniques in modern criminal procedure science or of the author's imitation of their use. Methods: comparative law method, structural-system analysis and synthesis, specific legal and historical methods. Result: qualitative criminal procedure comparativistics involves the analysis of original legislative and other official sources and scientific literature in the original language, the author's desire to reveal the true meaning of the research material. Low-quality comparative legal studies or what is passed off as such in modern criminal procedure literature harm national legal theory and practice.

Keywords

• criminal procedure
• criminal proceedings
• comparative law
• comparative legal methods
• evidence in criminal cases
• pre-trial proceedings in criminal c ases
• jury trial