| 5 | INTRODUCTION |
| PART I | |
| General Points on the Accused’s Right to Defence | |
| 1 • Guaranteeing the Accused’s Right to Defence: One of the Democratic Principles of Soviet Criminal Procedure | |
| 12 | § 1. The Right to Defence as a Constitutional Principle |
| 21 | §2. The Right to Defence Is a Right of the Accused |
| 2 • Securing the Accused’s Right to Defence in the Democratic System of Soviet Criminal Procedure | |
| 34 | [introduction.] |
| 34 | §1. The Right to Defence and the Presumption of Innocence |
| 42 | §2. The Right to Defence and the Independence of the Judge |
| 48 | §3. The Right to Defence and the Contentious Nature of a Trial |
| 53 | §4. The Right to Defence and the Directness of Court Proceedings |
| 60 | §5. The Right to Defence and the Openness of Court Proceedings |
| 65 | §6. The Right to Defence and the National Language of Court Proceedings |
| 73 | §7. The Right to Defence and the Participation of the Public in Criminal Proceedings |
| 3 • Guarantees of the Accused’s Right to Defence | |
| 79 | §1. General and Procedural Guarantees of the Right to Defence |
| 88 | §2. Guarantees of the Right to Defence and the Admissibility of Evidence |
| PART II | |
| Defence Counsel in Soviet Criminal Proceedings | |
| 4 • The Entry of Defence Counsel into a Criminal Case | |
| 93 | §1. The Grounds for the Involvement of Counsel in a Criminal Case |
| 96 | §2. Persons Who May Be Defenders |
| 98 | §3. Circumstances Debarring Persons from a Case as Defenders |
| 100 | §4. The Retaining, Replacing, and Appointing of Defence Counsel |
| 108 | §5. A Barrister’s Acceptance of an Accused’s Defence |
| 5 • Defence Counsel’s Procedural Position | |
| 112 | §1. The Relation between Defence Counsel and Accused |
| 121 | §2. Relations between Counsel and Court |
| 123 | §3. Relations between Counsel and Prosecutor |
| 124 | §4. Relations between Counsel |
| 6 • Defence Counsel’s Procedural Activity | |
| 127 | §1. Defence as a Procedural Function |
| 129 | §2. Counsel’s Meeting with the Accused |
| 135 | §3. Acquainting Counsel with the File of the Case |
| 139 | §4. Petitions by Counsel |
| 142 | §5. Counsel’s Submission of Evidence |
| 154 | §6. Counsel’s Challenges |
| 160 | §7. Counsel’s Participation in the Court Hearing |
| 170 | §8. Counsel’s Appeals against the Acts and Decisions of an Investigator, Procurator, or Court |
| 7 • Special Points on the Defence of Minors | |
| 188 | [introduction.] |
| 189 | §1. Circumstances Subject to Establishment in a Case |
| 192 | §2. Special Features of the Relationship between a Minor and His Defender |
| 194 | §3. The Beginning of the Preliminary Investigation. Detention and the Application of Restraints |
| 198 | §4. Defence Counsel’s Involvement in the Preliminary Investigation |
| 202 | §5. Arraignment and the Court Hearing |
| 203 | §6. The Accused’s Legal Representative |
| PART III | |
| The Organisation of the Soviet Bar and Securing of the Accused’s Right to Defence | |
| 206 | [introduction.] |
| 8 • The Organisational and Legal Position of Colleges of Barristers | |
| 207 | §1. The Juridical Nature of a College of Barristers |
| 210 | §2. The Democratic Foundation of the Organisation of Colleges of Barristers |
| 215 | §3. State Supervision of Colleges of Barristers |
| 9 • Rights Stemming from Membership of a College of Barristers | |
| 219 | §1. The Granting and Termination of Membership |
| 222 | §2. Regulation of the Work of Members of a College of Barristers |
| 226 | §3. Rights Stemming from Membership of a College of Barristers |
| 10 • Duties Stemming from Membership of a College of Barristers | |
| 231 | §1. A Barrister’s Duty to Observe Professional Discipline and Responsibility for Breaches of Discipline |
| 237 | §2. Barristers’ Civil and Criminal Liability |
| 239 | §3. A Barrister’s Obligation to Observe Professional Secrecy |
| APPENDIX | |
| FUNDAMENTALS OF CRIMINAL PROCEDURE OF THE USSR AND UNION REPUBLICS | |
| 243 | SECTION I • GENERAL PROVISIONS |
| 252 | SECTION II • THE PARTIES TO AN ACTION AND THEIR RIGHTS AND DUTIES |
| 255 | SECTION III • THE INQUIRY AND PRELIMINARY INVESTIGATION |
| 260 | SECTION IV • THE PROCEDURE OF CASES IN A COURT OF FIRST INSTANCE |
| 263 | SECTION V • THE PROCEDURE OF CASES IN COURTS OF APPEAL AND SUPERVISION |
| 267 | SECTION VI • THE EXECUTION OF A JUDGMENT |
| 268 | SECTION VII • MEASURES TO PREVENT CRIME |
| 270 | LAW OF THE UNION OF SOVIET SOCIALIST REPUBLICS ON THE BAR OF THE USSR |
| 279 | SUBJECT INDEX |
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Notes