Title
Plea Bargaining Implementation And Acceptance In Modern Russia: A Disconnect Between The Legal Institutions And The Citizens
Keywords
CPC reform; Plea bargaining comparative; Russian criminal procedure reform; Russian judicial reform; Russian plea bargaining
Abstract
This study examines the scope, results, citizen attitudes, and practices of consensual justice reform in Russia. The Russian Federation adopted a new Criminal Procedure Code (CPC) in December of 2001, which included a procedure closely resembling plea bargaining and termed "special court order proceedings." The 2001 CPC reforms were intended to move further away from the accusatorial legacy of the Soviet judicial system and closer to a western adversarial model. Criminal cases (N = 316) over a 4-year period (2004-2007) from one district and one regional courts were examined to determine the application and judicial practices associated with plea bargaining. A national representative citizen survey (N = 1,588) was conducted to measure attitudes related to plea bargaining knowledge and acceptance. The study found that 6 years after the introduction of the special court order proceeding, over one third of cases were settled through the special court order proceedings. The use of the special court order proceeding has grown steadily during the period from 2004 to 2008. The majority of citizens reported the special court order proceeding was unfair and less than 20% perceived the reform as fair. Few citizens were knowledgeable about the plea bargaining reform. The introduction of the special court order proceeding has been moderately successful in the judicial system; however, there are systemic hindrances to increased use and citizen acceptance. © 2009 Georgia State University.
Publication Date
12-1-2009
Publication Title
International Criminal Justice Review
Volume
19
Issue
4
Number of Pages
400-432
Document Type
Article
Personal Identifier
scopus
DOI Link
https://doi.org/10.1177/1057567709348356
Copyright Status
Unknown
Socpus ID
70450084441 (Scopus)
Source API URL
https://api.elsevier.com/content/abstract/scopus_id/70450084441
STARS Citation
Semukhina, Olga B. and Reynolds, K. Michael, "Plea Bargaining Implementation And Acceptance In Modern Russia: A Disconnect Between The Legal Institutions And The Citizens" (2009). Scopus Export 2000s. 11113.
https://stars.library.ucf.edu/scopus2000/11113