Counteraction to rights abuse and favor defensionis in the criminal process

This study aims at comparing the concepts of abuse of rights and favor defensionis. The authors compare the category of abuse of rights with the concept of favor defensionis from the standpoint of their possible contradiction and conclude that the abuse of rights may significantly restrict the fundamental rights of the defense. The main methods used in this work are comparison, induction and deduction. The study is based on the definitions and decisions of courts of general jurisdiction in the criminal cases. The formal legal method makes it possible to compare the concept of abuse of rights in criminal proceedings with the concept of favor defensionis, while the comparative legal method allows comparing and identifying the main contradictions in the course of their possible implementation. The authors conclude that counteraction to the abuse of rights can only be applied in very specific and typical investigative and judicial situations, but in other cases it is necessary to implement the existing criminal procedure rules governing the analysed legal relations.

Keywords

Authors

References