ON HYPOTHETICAL FEATURES OF CRIMINAL JUSTICE

Abstract

There is no general list of arguments used by those who oppose the concept of judicial law, unlike the arguments used by those who support it, which have been developed and analysed over time. The development of the relevant scientific discussion requires the clarification, and in this context the article attempts to systematise them with elements of completion. The aim is to determine whether or not there are any systemically significant features of criminal cases that could predetermine the uniqueness of the justice they provide. The determining method of the research is the method of comparative jurisprudence. In addition, general and specific methods (analysis and synthesis, logical, special-legal) are also used. Results: only two clear arguments against the universalisation of procedural institutions involving criminal procedure law were identified. This is the specific nature of the substantive disputes that are considered in criminal proceedings and their exclusive publicity. Two 'unwritten' arguments – the publicity of criminal proceedings as opposed to civil proceedings, and the different standards of proof in criminal and other trials – are completed. For all the arguments, the author gave his own thoughts.