ABSTRACT

Two aspects of Russian criminal justice in recent times give it a reputation, inside and outside the country, for being unfair and inhumane: the presence of bias against the accused; and the excessive use of pre-trial detention, in especially bad conditions and for unseemly lengths of time. The key to achieving a differentiated approach within the neo-inquisitorial framework lies in restoring the investigators to their normal role and status as neutral legal officers who review and assess the evidence in a case. The conditions in pre-trial detention centers, called "investigatory isolators" or SIZO, are far worse than in prisons and labor colonies. The elimination of supplementary investigation deserves immediate attention, as does the redesign of bureaucratic regulations on pre-trial detention to help the new Criminal Procedure Code reduce use of detention as a means of restraint.