THE MAIN CHARACTERISTICS OF CRIMINAL PROCEEDINGS IN ENGLAND

Abstract

The thematic concept of the Paper consists of legal issues related to criminal proceedings in England, which is the so-called pure adversarial proceedings. These proceedings differ from the law of the continental Europe countries and is characterized by archaisms and continuity, original common law (judicial) character, and the absence of major codifications. In this context, the paper analyzes the meaning of common law and equity law, and procedural criteria for the categorization of criminal offenses. Regarding the issue of rules and procedures for establishment of the facts, the authors pay special attention to the consideration of determining the factual background of the dispute, the burden of proof and procedural rules on the presentation of evidence. Clearly emphasizing the different classifications of evidence that can be presented before the court, the authors point out that English law treats all hearings in the same way, i.e. it also brings the testimonies of the defendant and the expert under the witness examination regime. Starting from the fact that an important feature of legal principles is that in English law there is an obligatory exclusion of illegally obtained confession of the defendant from the evidence, it is concluded that the exclusion rule is essentially a relatively exclusive rule with a large discretion assessment of the judge. In conclusion, the authors assess that the entire evidentiary procedure, types of evidence, the manner of their collection, presentation and evaluation in English law, to a greater or lesser extent, differs from the continental criminal proceedings.