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Scenario Research Paper 2
Different countries have their criminal justice system. There are various types of criminal
justice systems throughout the world, to maintain law and order, but also to keep peace within
the jurisdictional areas thus creating a social code of conduct (Jones, Ruddell, & Summerfield,
2019). By maintaining law and order, the criminal justice system is there to ensure that a social
code of conduct exists and is followed. “The criminal justice system is set in each country by the
government to help maintain control, and discourage law-breaking, but also sanctioning those
that break the law with consequences and rehabilitation efforts. The criminal justice system is in
place to prevent people from interfering with peace and order by threatening them with the idea
of punishment completing the person to obey the law” (Jones et al., 2019, Pg. 120). Globally,
there are different criminal justice systems in each nation where the institutions join forces to
arrest, sentence, prosecute, and impose punishment for criminal offenses (Jones et al., 2019). The
criminal justice system is meant to deter people from disrupting the peace and order by enforcing
compliance that is laid down in the country.
Russia has a federal system of government that is headed by a president. Russia is a
country that is taking steps to rampant corruption within government officials. There has been a
long-term problem of corruption throughout Russia. Melmikov (2018), there was a long-standing
agreement that United States businesses have to pay a brie to the Russian government officials to
be able to have ventured in Russia. However, Sperling (2018) the total corruption cases in Russia
were reported at least at forty-two percent of their cases of corruption were committed by a
government official. Russia operates under a rule of law and is a democratic system of
government.
Case
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There are strict conditions that must be adhered to when establishing a business in a
foreign country, there are ways around this by employing illicit means to do so, that avid having
to abide by the legal provisions. Russia's government officials are easily bribed. In trying to
expand your business horizons, you find yourself committing the crime of bribery with
government officials to establish your business without legal restrictions. You realize they issued
the wrong business licenses. Committing bribery is something the Russian government does to
undermine the democracy of the people. You were caught by the business registration officials
when trying to file returns for the company after the first year. By not completing the correct
paperwork the Federal tax authorities caught it and stated you lack the necessary registration
documents. After you fall to present the correct documents, and an investigation is started on the
company and the process resulted in your arrest.
The investigator that was questing you asked you to explain how you got the business
registration. You were placed under arrest by police for three hours for them to establish your
identity you and the country you are from. The arrest warrant was ready within 36 hours of the
detainment. You were allowed an attorney. Your attorney did file an appeal to the hearing
process. There was a bench jury, however, they chose for you to remain in detention because you
are a foreigner. You ended up staying in the Special corrective center where freedom is received.
Background
Russia’s president is the head of the state and has the responsibility of appointing
ministers as well as the prime minister. Russia has a weak justice system, and the legal system is
more set to harass people rather than protect them. The current Russian laws were drafted during
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the Soviet Era and are still operational which makes it possible to restitute the reliability of the
democratic and fair justice system (Baranov, 2015). Russia was once a communist country that
was controlled by one person's roles or beliefs. Russia was not industrialized until the revolution
makes it possible. Lenin began the revolution with his principal ideas, it was about creating a
single purpose that would leave no division. Lenin referred to the process as the democratic
central meaning all authority would rest with the party executive. When Stalin came along he
helped turn the country into a “powerful and increasingly modern industrialized state” (Terrill,
2016, p.366).
These laws remind of the law of the land in Russia. The legal system is given to a
prosecution and the processes are political, arbitrary, and economically motivated. The members
of the justice system are appointed by the president or they are close allies to the president. The
judicial system is controlled by the president indirectly because of the loyalty of the members
appointed (Kazantsev, 2017). Even though there are numerous obstacles the jurisprudence is
advancing towards more of a western standard judicial system. The justice system can advance
and operate independently, but the government would still uphold significant control over the
justice system.
The process for appointing the judiciary officials lies at the justification of the president,
where the appointment of the membership is through the president of the federal council
(Kazantsev, 2017). Russia’s Constitution states that it is a democratic and federal state operating
under the law. The constitution grants citizens’ rights, such as civil, economic, political, social,
and cultural rights (Habermas, 2018). These rights are in line with the international standards that
were established under the International Declaration of Human Rights of 1948 and the
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International Covenant of Human Rights of 1966 (Terrill, 2016). The president has the power of
appointing and dismissing judges, justice to the supreme and constitutional courts, and the
prosecutor general.
Police
The Soviet Police began immediately after the October Revolution of 1917, in which the
principal law enforcement organization was established (Terrill, 2016, p. 376). In 1954 the KGB
was created by the council of Minters of the USSR; it was created to help create a security force
to be distinct from regular law enforcement. The KGB was created to state security, there was a
force whose geographical jurisdiction stretched across the USSR and beyond (Terrill, 2016).
The KGB is like the United States combining the FBI, CIA, National Security Agency, and the
Secret Service all into one. During the Soviet era, there was a lot of inefficacy, and that had
people suffering. Under the Soviet System, the police consider themselves above the law. There
are three issues between police and the public such as recruitment and training, crime prevention,
and the public perception of police.
The investigation would start by being conducted by the police and a formal preliminary
begins, which is conducted by a legally trained investigator in a serious case (Mays, 2019).
However, if the case is minor then the police do have the case until they submitted a written
report to the court system. The role of the police is limited to securing the police and informing
the procuracy within 24 hours, where the case may be handed over to a legally trained
investigator, at that time it would be decided whether there needs to eb a formal criminal
investigation. Procurators decide whether the issue is preventive detention or the release of the
suspect within 48 hours. The suspect can be detained for a maximum of two months before a
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pretrial, however, this can be extended for a period up to eighteen months (Pretrial Release).
The denial of liberty of a suspect is possible but only with a judicial decision that is taken
within the first 48 hours. A suspect has the right to appeal but it is up to the procurator preventive
detention decision. Police usually flout the law by failing to release a suspect even when a judge
does grant the directive to release them. Russia’s criminal justice system is comprised of the
police force, the investigators (must have legal qualifications), the procurators, and the judicial
system (where judges determine the case). Judges are independent and are only subordinate to
the Constitution of the Russian Federal Laws. This requirement is in Article 6 of the European
Convention of the Human Rights, which gives every suspect to tried by an independent Judge.
Courts
The Russian Judicial System has a base of the European Civil Law and the Judicial
Power. These are autonomous and independent of the executive and legislative powers. The
Federal constitutional law is where the Russian judicial has an anchor. The Russian Judicial
system has an investigation by the police and then they have a written report sent to the courts.
The suspects of crimes have the right to liberty and those are protected unless there is a judicial
decision made to detain the suspect. Kurkchiyan & Kubal (2018), suspects are not to be coerced
into a confession, to make sure that the requirement is complied with, along with the suspect has
a right to counsel.
Lower courts are for small crimes and are with the justice of the peace, which presided
over by a judicial officer with limited powers in hearing the case. The accused person can be
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presented before the justice of the peace court or the Federal District Court for the mentoring o
the case. A case that is punishable for less than five years only requires a single professional
judge (In Studin, 2017). If the case is punishable by five years or higher then a judge and two
people's assessors are required during the ruling. A mixed court is made up of a professional
judge, and people's assessors which is a second-level trial court. There is the right to appeal the
decision in the mixed courts. Mixed courts have jurisdiction to hear appeals from district courts.
In Russia, Jurors are randomly picked from the citizens who are above the age of 25
(Encycolpedia.com, 2018).
The offender does have the right to see the Supreme Court of the Russian Federation if
they feel the decision at the second level mixed court trial was not fair (In Studin, 2017).
Russia’s Supreme court is the highest court normal appellate court for criminal and civil matters.
There are three professional judges in charge of making the hearings regarding appeals without
input from the people’s assessors (Terrill, 2016). The Supreme Court has 115 judges who are
divided into causational military, civil, and criminal panels (Daly, 2018). The decisions the
panels make can only be reviewed by the presidium, the governing body of the judiciary. There
are challenges that the Russian Judicial system is court dockets and them being packed,
translating into to pressure on judges to reduce the backlog (Daly, 2018).
Corrections
The Judicial system has tried to help reform the justice system to give human rights a part
of the process regarding criminal and civil code. There needs to be an improvement in detention
conditions to help provide the highest quality of life for the detainees as they remain in custody.
There are free legal aids that are provided for vulnerable groups of people to try and improve the
right of people. Human rights are faced with issues in the Russian correction system. In Russia,
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the term imprisonment is not used by Russians as describing punishments or periods of
incarceration. Russia does use the death penalty as an alternative form of punishment in some
cases.
There are two types of correctional facilities, prisons and correction labor colonies. The
correctional labor colonies are housing first-time offenders and offenders sentenced to less than 3
years. Where the prisons are housing anyone over 3 years. There are also psychiatric hospitals
but those are not considered part of the correctional system. They use these hospitals only where
there is the rehabilitation of criminal offenders attracted to an unusual amount of international
concern. The correctional facilities were to obtain those incarcerated and be treated as
institutions which caused the harsher treatment of inmates.
Biblical View
The Russian Justice System does violate the bible because it gives room for the ones
who have committed a crime and repent and change their behavior. Russia does not believe much
in rehabilitation as they do in punishment. “Those who commit a crime should be afraid because
God will punish for their wrongdoing” (Romans 13:4, Revised Standard Version). Russia has an
elaborated system, but they do not follow the biblical principles of justice. "Judgment is meant to
bring joy to the righteous and terror to the wrongdoers” (Proverbs 21:15, Revised Standard
Version).
Conclusion
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Russia's government is a federal system. The judicial process begins with an investigation
by police at the lower level, they can write a report and submit it and the court has to decide.
Russia has an issue with foreigners operating businesses in their country, there must be some
adherence to strict registration procedures. The judicial procedures are explained in Russia’s
Constitution, but there are still judges that will accept bribes to have the powers to help influence
to avoid charges. Corruption like this violates the teachings we see in the bible that require us to
seek repentance and forgiveness. Russia has a way to go to reform its justice system, but they
also need to look at their Judicial system and Correctional system. Corruption throughout the
country is running their systems.
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