Introduction
Russia is a vast country with a long, tumultuous history of its criminal justice system. Stalin’s rise to power made the Soviet Union one of the world’s most powerful nations, setting in motion a new era of history and culture. During Stalin’s rule, crime was considered an act that threatened communism. As a result, the state has heavily cracked down on criminal activity through harsh laws and punishments.
Conversely, France has a rich history, vibrant culture, and intricate political systems that have profoundly shaped its unique criminal justice system. Due to the complex interplay of its different social institutions and norms, France’s crime can have cultural and political roots. Moreover, the French often employ rehabilitative practices when dealing with crimes committed by citizens, and they are committed to recognizing the responsibilities of both individuals and society in creating crime. Regarding criminal justice systems, Russia and France share several similarities and differences, especially in legal traditions, policing, minority population issues, youth justice, and punishment.
Policing Comparison
There are numerous similarities between Russia and France in terms of policing. Firstly, both countries feature a centralized police system that maintains unified oversight of all law enforcement operations nationwide. Russia has this in place through its Ministry of Internal Affairs, and France has implemented such a system via its National Police Forces (Lemon, 2019). These countries also have specialized police units that carry out specific tasks within their respective policing systems. In Russia, these divisions include riot squads created to deal with significant public disturbances, such as demonstrations, railway police units, and investigative groups (Maltseva et al., 2019).
Conversely, in France, these units are organized into different groups, such as the Police Nationale, the National Gendarmerie, the Paris Police Prefecture, the Recherche Assistance Intervention Dissuasion, the Brigade Anti-Criminalité, and the Compagnies Républicaines de Sécurité (Valentin, 2022). These French police groups conduct various investigations and specialized operations to maintain law and order and public safety.
Finally, both governments have shown a willingness to use force against protesters who oppose specific policies. For example, in 2012, anti-Putin demonstrations transpired in Russia following a reaction to electoral fraud; Russians suspected that the elections were rigged by Putin, who had been the president for two terms. Following this protest, “…many people were injured and more than 400 arrested” (Belyaeva, 2019, p.19).
Similarly, economic issues and increased fuel costs in France caused the Yellow Vest demonstrations. Çelebi et al. (2022) elaborate by mentioning that (…The Yellow Vests movement has been marked by the level of violence displayed during police-protesters encounters, which led to more casualties and deaths than the May 1968 riots” (p. 3). These two instances reveal that Russia and France apply force through police bodies against the protesting citizens.
Legal Tradition Comparison
The criminal justice systems of Russia and France resemble each other in several essential ways, but generally have different legal traditions. One key difference is police powers; law enforcement can pursue and detain suspected criminals in both countries. However, in France, such actions are closely regulated by laws determining what the police can search.
On the other hand, Russian officers have greater discretion and may employ various tactics to gather evidence without a warrant (Mezera, 2019). Another difference concerns the role of prosecutors: in France, they are independent entities with significant influence over legal proceedings.
On the other hand, in Russia, prosecutors are closely associated with the executive branch and are often criticized for failing to enforce criminal laws properly. The quote supports this, “…including the names of twelve officials bribed by Siemens, was turned over to the Russian government…” (Wolf, 2018, p.147). Regarding jury trials, Russia still relies on its Soviet-era model, in which panels are composed primarily of people assigned by local authorities, whom external factors can easily influence. In France, the Cour d’Assises comprises six jurors selected randomly from the general public and three expert judges (Germain, 2018). This random selection is key in guaranteeing a fair and unbiased trial by the Cour d’Assises.
Despite these differences, Russia and France share many similarities in their criminal justice systems, stemming from each country’s legal traditions. Both countries operate under a presumption of innocence, requiring the prosecution to prove guilt beyond a reasonable doubt for all accused individuals (Kropotkin, 2021). This is guaranteed by the French Declaration of Human and Civil Rights, which states that any charged person shall be considered innocent until declared guilty. Russia’s constitution states that people have the right to be presumed innocent until proven guilty by law.
Additionally, both countries place the burden of proof on prosecutors rather than defendants. This means it is up to prosecutors in Russia and France to provide evidence sufficient to lead an unbiased jury or judge beyond a reasonable doubt. Likewise, both countries offer access to appeal processes to review higher-level judgments. This can include an appeal process in France before two appellate court tiers and one tier before the Supreme Court (Letteron, 2018). Russian courts allow three distinct stages of appeal based on regional court decisions, leading up to the Supreme Court.
Comparison of Minority Issues
The criminal justice systems of Russia and France have significant differences when it comes to issues relating to the minority population. Regarding ethnic diversity, Russia is experiencing a significant reduction in minority populations: Tatars decreased by 600,000 people, Mari by 22.6%, Chuvash by 25%, and Udmurts by 30% (Coalson, 2023).
In stark contrast, France has experienced an annual increase in its minority population; in 1970, it registered 1.5 million Europeans, 1.4 million North Africans, and 400,000 Asians. By 1982, the Algerian population had increased to 800000, while the Moroccan population had increased to 570000; France has been experiencing a consistent population increase among its minorities (Malonga, 2014). This comparison indicates that France is better than Russia at ensuring the welfare of minorities.
In addition, France has long been a major recipient of immigration from former colonies such as Algeria, Morocco, and Tunisia. This influx of minority communities has been strengthening ever since colonial days and continues to be a driving element behind the continued population growth of these groups. Their unique cultural contributions to France have enriched the nation’s identity and have positively impacted its economy by bringing much-needed talent and resources.
Youth Justice Comparison
Regarding youth justice, Russia and France have a few differences worth noting. Firstly, the age of criminal responsibility is much lower in Russia than in France. In Russia, children can be held criminally responsible from age 14 onward (Brilliantov et al., 2022).
In contrast, the minimum age for a French juvenile to face criminal proceedings is 13 (Kent, 2019). Kent (2019) adds that other European countries with criminal responsibility below 14 years are Turkey (12 years), Poland (13 years), the Netherlands (12 years), and Switzerland (10 years).
Secondly, each country takes a distinct approach to sentencing juvenile offenders. In France, penalties are generally less severe than those imposed on adult offenders. Furthermore, minors charged with serious offenses such as robbery or homicide may incur a substantial prison sentence but typically serve only half and enjoy reduced parole requirements due to their young age. On the other hand, Russian courts tend to treat all offenders, regardless of their age, quite severely, especially the juveniles charged with violent offenses.
Similarly, both countries offer programs to provide relief and rehabilitation for minors who have been accused or convicted of crimes but still wish to reconcile with society. However, there are some differences between them. France’s pediatric rehabilitation center in Southern France provides psychological support during court proceedings while offering alternative forms of punishment, such as community service or socio-educational measures, such as counseling (Rey et al., 2017). These facilities offer mentorship opportunities and a range of life skills, study, and guidance so that participants can learn to make healthy decisions as they work towards their goals.
Punishment Comparison
Moreover, the Russian and French criminal justice systems differ regarding punishments. In Russia, punishment for serious crimes such as murder is disproportionately harsh. For example, if a person is found guilty of murder, they can be sentenced to life imprisonment, subject to specific criteria. In Russia, the death penalty still exists:”…currently, the criminal punishment system is as follows…the death penalty” (Brovkina et al., 2019, p.5).
Alternatively, in France, capital punishment has been abolished since 1981, and punishments tend to be focused on rehabilitation rather than retribution. Jouet (2022) supports this by stating that “Badinter led France’s abolition of capital punishment in 1981 as Minister of Justice” (p. 205). They have an extensive network of prisons that incorporate programs tailored towards rehabilitating prisoners with specialized medical care for those who have an addiction or mental illness. These facilities also offer support upon release and training opportunities from inside prison. Additionally, sentences are severe yet not overly punitive, encouraging inmates to leave prison as more productive citizens than when they entered, thus reducing recidivism rates in the country.
Conclusion
In conclusion, Russia and France share both similarities and differences in their criminal justice systems. France has traditionally favored less severe punishment for juveniles than adults, while Russia’s laws do not take age into account when deciding punishment for certain crimes. Regarding issues affecting minority populations, both countries have implemented various policies over the years. However, France’s focus on individual rights has generally provided greater protection than Russian law. Ultimately, although their respective systems remain somewhat similar due to their shared historical roots, they differ concerning minors’ protection, legal tradition, punishment, policing, and youth justice.
References
Belyaeva, N. (2019). Exploring protest publics: A new conceptual frame for civil participation analysis. Protest Publics: Toward a New Concept of Mass Civic Action, 9-31.
Brilliantov, A., Aryamov, A., Sklyarov, S., & Prostoserdov, M. (2022). Russian experience in the implementation of the provisions of international legislation on criminal responsibility for an act of international terrorism. Humanities and Social Sciences,01 (015), 1-7.
Brovkina, A., Vezlomtsev, V., Zakharova, S., Shuranova, O., & Truntsevsky, Y. (2019). System of criminal penalties of Russian federation: Legal regulation and sentencing practice. In E3S Web of Conferences, 135, 1-9.
Çelebi, E., Adam-Troian, J., & Mahfud, Y. (2022). Positive links between exposure to police violence, PTSD, and depression symptoms among yellow vests protesters in France. Journal of Interpersonal Violence, 37(5-6), 2267-2288.
Coalson, R. (2023). Russia’s 2021 census results raise red flags among experts and ethnic-minority activists. RadioFreeEurope/RadioLiberty.
Germain, C. M. (2018). Trials by Peers: The Ebb and Flow of the Criminal Jury in France and Belgium. 1-18.
Jouet, M. (2022). Foucault, prison, and human rights: A dialectic of theory and criminal justice reform. Theoretical Criminology, 26(2), 202-223.
Kent, E. (2019). Criminal responsibility: What should the age of responsibility be? EachOther.
Kropotkin, K. P. (2021). Russian And French Prison. Black Rose Books Ltd. 6-61.
Lemon, E. (2019). Weaponizing interpol. Journal of Democracy, 30(2), 15-26.
Letteron, R. (2018). Digital access to the law. In Les Annales des Mines, 3, 1-5.
Malonga, M. F. (2014). Ethnic Minorities: Which Place and which Image on French Television? 1-6.
Maltseva, O. A., Khovanskaya, E. A., & Akhulkova, A. I. (2019). Peculiarities of digitalization of educational process in educational organizations in Russia, Atlantis Press, 81, 632-634.
Mezera, S. A. (2019). ” Carpenter”s legacy: Limiting the scope of the electronic private search doctrine. Michigan Law Review, 117(7), 1488-1506.
Rey, O., Vallier, J. M., Nicol, C., Mercier, C. S., & MaĂŻano, C. (2017). Effects of combined vigorous interval training program and diet on body composition, physical fitness, and physical self-perceptions among obese adolescent boys and girls. Pediatric Exercise Science, 29(1), 73-81.
Valentin, J. V. (2022). The Polarization of the French society: A study of the Yellow Vests movement (Master’s thesis, UiT Norges Arktiske Universitet).
Wolf, M. L. (2018). The world needs an international anti-corruption court. Daedalus, 147(3), 144-156.