◆ SpookStack

—4— Trials in Russia are in the inquisitorial tradition. Police have vast powers prior to the trial stage. There is a provision in the Code of Criminal Procedure (Art, 20) that prohibits soliciting the accused’s testimony “by force, threats, or any other illegal measures.” But the power to hold prisoners incommunicado for long periods makes this guarantee quite meaningless. Prior to accusa- tion, @ person may be held mcommunicado for 72 hours. Art. 122. That would be an unconstitutional procedure in this country since there is no sanction permitting “arrests for investigation,” though occasionally our police practice it.” In Russia, once a criminal charge is made against a person, Art. 97 of the Code provides for con- finement up to two months. But a state procurator may extend the time to three months; and the federal pro- curator up to six months and in some cases up to nine. These long periods of detention incommunicado are a policeman’s heaven, for we all know that the end product is a confession. Searches and seizures in Russia can be conducted only with the sanction of the procurator as provided in Art. 168. But “in instances not permitting delay a search may be conducted without the sanction of the procurator, but the procurator must be informed subsequently within one day of the search.” Jbid. By Art. 169 witnesses must be present during the conduct of a seizure or search—the owner of the dwelling or an adult member of his family. By Art. 128 “the help of the public to expese crimes and to search for the persons who have committed them” is demanded. Citizen participation in helping the police is indeed a part of the social compact in all countries. The difference comes when the citizen becomes the ac- cused. Then the accused in this country no longer need 5 Seo, e.g. Report and Recommendations of the Commis=ioner's Committee on Police Arrests for Investigation (the Horsky Report), Hily 1962.