§2. Features of documents

In common legal document there are several features that should be mentioned in this work. We should talk about actors of proceedings and their roles. In Russian legal practicing we also can mention some of those, written below. In order to comparing some legal terminology I will demonstrate English interpretation, followed by Russian understanding and an etymology to every word.

Judges

Etymology: From Old French ‘juge’, from Latin ‘iudex’ – “one who declares the law" (source also of Spanish ‘juez’, Italian ‘giudice’), a compound of ‘ius’ – ‘right, law” + ‘root of dicere’ – “to say.

The role of the judges at the ICTY and ICTR was from the outset inspired by the adversarial nature of the proceedings; to an extent they act as umpires. But some provisions allow them a more active role, for example to order the parties to present additional evidence and ex officio to summon a witness.

In Russian legal system judges have full permission to give nature of proceeding. In most of processes they have ability to plead criminals. In Russian legal system jury trials are used only in some of the rudest cases o in military ones. All la debate and protests are addressed to the judge of the process. But in English legality all of them are addressed to the judge but cannot be issued by the juries.

Prosecutor

Etymology: From Medieval Latin ‘prosecutor’, agent noun from ‘prosequi’. Specific legal sense of "one who brings a case in a court of law" is from 1620s. comes from the word ‘prosecute’ – “follow up, pursue", from Latin ‘prosecutus’, past participle of ‘prosequi’ – “follow after, accompany; chase, pursue; attack, assail, abuse"; from ‘pro’ – “forward" + ‘sequi’ – “follow". Meaning "bring to a court of law" is first recorded 1570s. Meaning "go into detail" is from 1530s.

True to adversarial principles, the international Prosecutor enjoys a high degree of independence, albeit under some judicial supervision. One crucial difference is in the extent of their powers flowing from the more limited geographical and temporal jurisdiction of the Tribunals compared with the ICC. Each Prosecutor decides in what way the commencement of the investigation will go, the conduct of the investigation and any prosecution of a crime.

There are no big differences from Russian legal system meaning. In most of the processes prosecutor keeps the same role as in English jurisdiction. On the original courts prosecutor has his ability to restart or take the protest in every single part of both investigation and judgment.

Defendant and defense counsel

Formed from Old French ‘defender’ – “defend, resist" and directly from Latin ‘defendere’ – “ward off, protect, guard, allege in defense; from ‘de-’ – “from, away" + ‘-fendere’ – “to strike, push”.

The defendant may put forward his or her own ‘defense case’. In turn, this requires a separate investigation conducted by the defense. The principle must be given a more liberal interpretation than at domestic courts, due to the difficulties encountered by the parties in tracing and gaining access to evidence. Under these circumstances the assistance of a defense counsel is particularly important. One may note, however, that mandatory representation is accepted in civil law systems, but contrary to the practice in common law systems this does not mean that the accused is prevented from participating actively at the trial.

In contrast to the American and British judicial system, there is no "defense counsel group" in the Russian one. In most cases, one lawyer stands on the defense side, less often two. To the conclusion both attorney and prosecutor do not have any “last speech”. Also fact that attorney cannot build the defense process on the rude or unconfirmed facts.

Victims and witnesses

In the Tribunal proceedings, the victims participate as witnesses. Not even with respect to restitution of property are they parties to the proceedings. The role of victims is significantly strengthened in the ICC and they are granted a right to participation in the proceedings in pursuance of their own personal interests. It is also necessary to find practical and pragmatic solutions in light of the potentially very large number of affected victims. The first, but not unproblematic, decision on participation was handed down in Situation in the Democratic Republic of Congo.

Both in the Tribunals and in the ICC, the protection of victims and witnesses is provided for and has been widely applied in practice. This is natural due to the nature of the crimes and the conflicts in question, but requires a careful balancing of interests, particularly against the rights of the suspect or accused. While the grant of protective measures is primarily a responsibility of the Chambers in the Tribunals, the Prosecutor and the Chambers share the responsibility in the ICC.

Conclusion

Linguistic prosecution and linguist courts are the second important part in the whole investigation. Having good response or tape analysis can help attorney to build professional more useful defense. Based on some experience, there are three things that a linguist can do when asked to help an attorney in a criminal case: say no, testify at trial, or provide consulting assistance?