Title: Methods of ensuring the principle of adversary of the parties during the pre-trial stage of the criminal process

Authors: Serik M. Apenov; Almagul Zh. Tusupova; Natalya V. Gileva; Dina M. Baimakhanova; Mariyash K. Makisheva

Addresses: Department of International Law, Al-Farabi Kazakh National University, 050040, 71 Al-Farabi Ave., Almaty, Republic of Kazakhstan ' Department of International Law, Al-Farabi Kazakh National University, 050040, 71 Al-Farabi Ave., Almaty, Republic of Kazakhstan ' Department of International Law, Al-Farabi Kazakh National University, 050040, 71 Al-Farabi Ave., Almaty, Republic of Kazakhstan ' Department of Theory and History of State and Law, Constitutional and Administrative Law, Al-Farabi Kazakh National University, 050040, 71 Al-Farabi Ave., Almaty, Republic of Kazakhstan ' Department of Diplomatic Translation, Al-Farabi Kazakh National University, 050040, 71 Al-Farabi Ave., Almaty, Republic of Kazakhstan

Abstract: The article is devoted to the methods of ensuring the principle of adversary of the parties during the pre-trial stage of the criminal process. To offer the most optimal method of ensuring adversary of the parties during the pre-trial stage for legislators of the Republic of Kazakhstan, legislative practice of France, Germany and the USA were studied. While studying the criminal process of these countries the French model of the adversarial nature of criminal proceedings is recognised as not acceptable due to the conduct of preliminary investigation in this country by forensic investigators. In the Republic of Kazakhstan pre-judicial investigations are conducted by special bodies of inquiry and preliminary investigation. As a result of the research, the author gives preference to the US case law, which provides the right for a lawyer to not provide the evidence collected by him to the investigative authorities, in order to demonstrate them at the trial.

Keywords: adversary system; principle of adversary; adversary of the parties; pre-trial stage; criminal process; Republic of Kazakhstan; legislative practice; preliminary investigation; optimal methods.

DOI: 10.1504/IJESDF.2021.116023

International Journal of Electronic Security and Digital Forensics, 2021 Vol.13 No.4, pp.359 - 372

Received: 13 Jan 2020
Accepted: 24 May 2020
Published online: 06 Jul 2021 *

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