SYSTEM OF SOURCES OF CRIMINAL PROCEDURE LAW OF SWITZERLAND
Rubrics: PROCEDURAL LAW
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
04.07.2016
Accepted:
05.07.2016
Published:
05.07.2016
Language:
Russian
Keywords:
criminal procedure law sources, Switzerland, Code of penal procedure, Federal laws, legal doctrine.
Abstract (English):
The author considers the operating system of sources of criminal procedure law of Switzerland. The author studies the question of the international law influence on their development. The author analyzes such sources as the Constitution, the Message of the Federal Assembly on unification of criminal procedure law, the Code of penal procedure, the Federal law on organization of the Federation’s criminal trial bodies, the Federal law on the Federal court, the Federal law on Federal criminal court and some other enactments. The author briefly considers the criminal procedure law on the example of Zurich and St. Gallen cantonal sources. The author researches the role of the legal doctrine in application of Criminal Procedure Code rules. The author compares the Swiss and Russian systems of sources in the branch of law in question. The author comes to the conclusion that the systems of sources of criminal procedure of Switzerland and Russia have many common features, since both legal systems of the states belong to the Romano-Germanic legal family. Law and order of both states have the Criminal Procedure Code, based on the rules of international law and the constitution, as the main source of criminal procedure. At the same time, in spite of the fact that Constitutions of both countries refer the criminal procedure law to the exclusive competence of the federation, in the Swiss law and order there are numerous exceptions to this rule as many major questions relating to criminal procedure are settled at the cantonal level (structure of court, system of criminal trial bodies, etc.).
The author considers the operating system of sources of criminal procedure law of Switzerland. The author studies the question of the international law influence on their development. The author analyzes such sources as the Constitution, the Message of the Federal Assembly on unification of criminal procedure law, the Code of penal procedure, the Federal law on organization of the Federation’s criminal trial bodies, the Federal law on the Federal court, the Federal law on Federal criminal court and some other enactments. The author briefly considers the criminal procedure law on the example of Zurich and St. Gallen cantonal sources. The author researches the role of the legal doctrine in application of Criminal Procedure Code rules. The author compares the Swiss and Russian systems of sources in the branch of law in question. The author comes to the conclusion that the systems of sources of criminal procedure of Switzerland and Russia have many common features, since both legal systems of the states belong to the Romano-Germanic legal family. Law and order of both states have the Criminal Procedure Code, based on the rules of international law and the constitution, as the main source of criminal procedure. At the same time, in spite of the fact that Constitutions of both countries refer the criminal procedure law to the exclusive competence of the federation, in the Swiss law and order there are numerous exceptions to this rule as many major questions relating to criminal procedure are settled at the cantonal level (structure of court, system of criminal trial bodies, etc.).
Keywords:
criminal procedure law sources, Switzerland, Code of penal procedure, Federal laws, legal doctrine.
criminal procedure law sources, Switzerland, Code of penal procedure, Federal laws, legal doctrine.
1. Guidon P. Die Schweizerische Strafprozessordnung / Jusletter 15. September 2008.
2. Hauser R., Schweri E. Schweizerisches Strafprozessrecht. Basel, 2002.
3. Schubart M. Richter als Gesetzgeber. Die Weltwoche. 2011. 19 mai.
4. Golovko L. V. Materialy k postroeniyu sravnitel´nogo ugolovno-protsessual´nogo prava: istochniki, dokazatel´stva, predvaritel´noe proizvodstvo. Trudy yuridicheskogo fakul´teta MGU. Kn. 11. M., 2009.
