Place and role of the will of the accused in an adversarial system criminal proceedings.

Abstract

The correlation and the mechanism of interaction of the will of the accused and the principle of competition are investigated. The broad powers of the accused, allowing him to effectively influence criminal procedural activity, acquire proper practical significance only in conditions of adversarial procedure, which, stipulating the equality of the parties, acts as a way of organizing and conducting criminal proceedings. At the same time, expression of will becomes the main means of defending the defendant’s position in a criminal case and protecting the rights and legitimate interests.