mportant part of the
proceedings. I venture, however, to speak a little more at length
regarding the change which has been made in the criminal procedure--a
subject that is less technical and more interesting for the uninitiated.
Down to the time of the recent judicial reforms the procedure in
criminal cases was secret and inquisitorial. The accused had little
opportunity of defending himself, but, on the other hand, the State
took endless formal precautions against condemning the innocent. The
practical consequence of this system was that an innocent man might
remain for years in prison until the authorities convinced themselves of
his innocence, whilst a clever criminal might indefinitely postpone his
condemnation.
In studying the history of criminal procedure in foreign countries,
those who were entrusted with the task of preparing projects of reform
found that nearly every country of Europe had experienced the evils from
which Russia was suffering, and that one country after another had come
to the conviction that the most efficient means of removing these evils
was to replace the inquisitorial by litigious procedure, to give a fair
field and no favour to the prosecutor and the accused, and allow them to
fight out their battle with whatever legal weapons they might think fit.
Further, it was discovered that, according to the most competent foreign
authorities, it was well in this modern form of judicial combat to leave
the decision to a jury of respectable citizens. The steps which Russia
had to take were thus clearly marked out by the experience of other
nations, and it was decided that they should be taken at once. The
organs for the prosecution of supposed criminals were carefully
separated from the judges on the one hand, and from the police on the
other; oral discussions between the Public Prosecutor and the prisoner's
counsel, together with oral examination and cross-questioning of
witnesses, were introduced into the procedure; and the jury was made an
essential factor in criminal trials.
When a case, whether civil or criminal, has been decided in the Regular
Tribunals, there is no possibility of appeal in the strict sense of the
term, but an application may be made for a revision of the case on the
ground of technical informality. To use the French terms, there cannot
be appel, but there may be cassation. If there has been any omission
or transgression of essential legal formalities, or if the Court has
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