Pre-trial proceedings in a criminal case: the nature and methods of collecting evidence

2021 ◽  
Author(s):  
Sergey Rossinskiy
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Criminal Case ◽  
Judicial Control ◽  
Security Technologies ◽  
General Rules ◽  
Criminal Procedure Law ◽  
Evidence Collection ◽  
Trial Evidence

The monograph is devoted to a comprehensive review of the problems of pre-trial evidence collection as one of the stages of the general procedural mechanism aimed at establishing the circumstances relevant to the criminal case. The essence, methodological basis and system of investigative actions, forensic examinations and other procedural methods of collecting evidence that make up the modern arsenal of bodies of inquiry and preliminary investigation are investigated. The main cognitive and security technologies used in conducting investigative and other procedural actions are highlighted. The problems of the theory and legal regulation of the general rules of their implementation, the procedural status of their participants, fixing their progress and results, judicial control over their production are reflected; the actual problems of investigative inspection, examination, search, interrogation, confrontation, forensic examination, as well as the presentation, demand and seizure (seizure) of objects and documents are considered. Special attention is paid to the applied aspects, the analysis of errors and difficulties that arise in modern law enforcement practice, and possible ways to overcome them are proposed. For researchers and practitioners, teachers, postgraduates( adjuncts), students, as well as anyone interested in topical issues of criminal procedure law and criminology.

scholarly journals Improving the efficiency of prosecutorial supervision for the legality of the criminal procedural activities of the institutions of the Federal Penal Service of Russia during the preliminary investigation

2020 ◽  
Vol 14 (3) ◽  
pp. 381-388
Author(s):  
S.N. Kunitsin ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Effective Mechanism ◽  
Criminal Procedure Law

The article analyzes the features of the criminal procedural activities of the institutions of the Federal Penal Service of Russia during the preliminary investigation. Based on the results of the analysis, it is concluded that the latter is truncated and consists of two components: the initiation of a criminal case for the production of urgent investigative actions and the execution of orders to carry out certain investigative actions. The specificity of the criminal procedural activity of this subject of the prosecution determines the peculiarities of the prosecutor’s supervision over the legality of its implementation. The current legislation actually excluded the prosecutor from the mechanism for initiating a criminal case and conducting urgent investigative actions, which reduces the effectiveness of prosecutorial supervision in this area and reduces the level of legality. Also, there is no effective mechanism for prosecutorial supervision over the legality of the execution of orders by officials of institutions of the Federal Penal Service of Russia to conduct certain investigative actions. By analyzing the provisions of the legislation, it is concluded that there are shortcomings in the legal regulation of the procedure for exercising prosecutorial supervision over the legality of the criminal procedural activities of the institutions of the Federal Penal Service of Russia during the preliminary investigation at the level of both criminal procedure law and departmental regulation. In order to eliminate the noted shortcomings, appropriate amendments to the legislation are proposed.

scholarly journals Draft Law on Criminal Misconduct given the German Experience of Legal Regulation

Lex Russica ◽  
2021 ◽  
pp. 133-141
Author(s):  
Ya. M. Ploshkina ◽  
L. V. Mayorova
Keyword(s):  
Criminal Liability ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The paper considers the second attempt made by the Supreme Court of the Russian Federation in terms of introducing the concept of criminal misconduct into the Russian criminal and criminal procedure legislation, examines the goals of its introduction. The authors conclude that the introduction of a criminal offense in the draft law No. 1112019-7 will entail the need to review some approaches in Russian law: the legal nature of the crime, the ratio of a criminal offense with a minor act and an administrative offense, the elements of a crime with administrative prejudice, the principle of justice. It seems possible to achieve procedural effectiveness, reduce the burden on judges and protect the rights of victims without introducing a criminal offense within the existing criminal and criminal procedural mechanisms related to exemption from criminal liability and expansion of non-rehabilitating grounds for termination of a criminal case or criminal prosecution. It seems possible to use the already established categorization of crimes in relation to crimes of small and medium gravity. In terms of expanding the grounds for terminating a criminal case or criminal prosecution, it is appropriate to use the experience of the German legislator, which provides for the possibility of terminating criminal prosecution on grounds of expediency when the accused fulfills various duties and regulations assigned to him. In German criminal procedure law, the termination of criminal prosecution on grounds of expediency when assigning duties or prescriptions to the accused is the right of the relevant officials and bodies, and not their obligation, since in fact it is an alternative to criminal prosecution. This will allow it to be terminated at a certain stage in the case when there are all legal grounds for criminal prosecution.

scholarly journals Digital rights persons carrying out a preliminary investigation

2021 ◽  
pp. 108-115
Author(s):  
A. N. Pershin
Keyword(s):  
Private Information ◽  
Human Life ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
The Internet ◽  
Data Sets ◽  
Significant Information ◽  
Digital Rights ◽  
Criminal Procedure Law

The emergence of the Internet and intangible digital objects of value to humans led to the proclamation of the concept of “digital human rights” in civil substantive law. In criminal procedure law this term is not absent. In this case, the investigator collects information about the circumstances to be proved in a criminal case under the conditions of digitalization of all human life processes. The Internet network has combined a large number of data sets of government agencies, commercial organizations, and individuals. The investigator’s access to these data sets and their study would allow optimizing the investigator’s activities by quickly collecting the necessary information for the criminal case and using it as evidence. To this end, the article gives the concept of” digital rights “ of an investigator, suggests an approach to creating such rights in criminal procedure legislation, and defines the problems of organizing the collection of criminally significant information from public and private information systems on the Internet. 

scholarly journals PERANAN ALAT BUKTI DALAM PERKARA PIDANA DALAM PUTUSAN HAKIM MENURUT KUHAP

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
The State ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Examination Process

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 

scholarly journals Remand in Custody as Part of a Sentence: Problem of Determination

2020 ◽  
Vol 15 (1) ◽  
pp. 124-132
Author(s):  
V. A. Filatyev
Keyword(s):  
Law Enforcement ◽  
Preventive Measures ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Penal Institutions ◽  
Criminal Procedure Law ◽  
The Law ◽  
Procedural Decisions ◽  
Legal Meaning

The paper analyzes the provisions of the criminal procedure law determining the grounds and procedures for the application of preventive measures when deciding a sentence. The paper attempts to identify their constitutional and legal meaning. According to the author, the remand of a defendant in custody on the sole basis of the need to execute a real imprisonment sentence is unacceptable. Doctrinal representations of the theory of procedural decisions allow us to conclude that the decision on the measure of restraint cannot be taken simultaneously with the sentence and should not be an integral part of it. Under the current legal regulation, the defense is forced to refuse to express the position on the measure of restraint in the pleadings and the last plea if the position of the defendant is aimed at acquittal. The impossibility for the defense to make an immediate appeal on the formulated in the sentence decision on detention makes the appeal meaningless in general. Uncertainty of the procedure for sending persons sentenced to real imprisonment in all penal institutions but colony-settlements to the place of serving their sentence, for whom the court did not choose detention, reveals a gap in the law. The author claims that these and other defects in the legal regulation listed in the paper contribute to the existence of an accusatory bias in law enforcement practice, since they predetermine the detention decision and must be eliminated. Measures of restraint must be considered immediately after the verdict is sounded in a separate court session at the request of the prosecution or at the initiative of the court.

scholarly journals Powers of the prosecutor during pretrial proceedings to protect the rights of victims of crimes

2021 ◽  
Vol 7 (3) ◽  
pp. 89-93
Author(s):  
Lilia R. Komarova ◽  
Mikhail V. Kolesov
Keyword(s):  
Law Enforcement ◽  
Positive Impact ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
The Status ◽  
The Right ◽  
The Impact

The article substantiates the need to change the criminal procedural legislation that regulates the powers of the prosecutor and the status of the victim and gives the prosecutor the right to initiate a criminal case. The proposed changes in the procedural powers of the prosecutor are also considered through the prism of organizing the activities of law enforcement agencies and the impact of statistical reporting indicators on their activities. The experience of prosecutorial and investigative practices and the opinion of distinguished domestic legal scholars are analyzed. The changes proposed by the authors could have a significant positive impact on the work of preliminary investigation bodies and reduce the number of violations committed during preliminary investigation stages. In addition, bringing the status of the prosecutor and the preliminary investigation bodies into a logical procedural position could eliminate unnecessary and inherently harmful corporate competition.

scholarly journals PECULIARITIES OF THE LEGAL REGULATION OF EVIDENCE COLLECTION IN CRIMINAL CASES BEYOND THE BORDERS OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 12 ◽  
pp. 19-22
Author(s):  
Aleksandr R. Akhmadullin ◽  
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Legal Assistance ◽  
Criminal Cases ◽  
Systematic Analysis ◽  
Mutual Legal Assistance ◽  
Legal Norms ◽  
Evidence Collection ◽  
The Russian Federation

This article deals with the problems of legal regulation of the process of collecting evidence in criminal cases within the framework of mutual legal assistance, based on a systematic analysis of international legal acts and legislation, a conclusion is made about the inconsistency of legal norms regulating the collection of evidence outside the territory of the Russian Federation. In some cases, they are insufficient, which negatively affects the quality and efficiency of the preliminary investigation. Suggestions are made to eliminate inconsistencies in legal norms.

scholarly journals MEASURES OF CRIMINAL PROCEDURAL RESTRAINT AGAINST MINORS: LEGAL REGULATION AND PRACTICE

Globus ◽  
2021 ◽  
Vol 7 (3(60)) ◽  
pp. 45-49
Author(s):  
Anna Aleksandrovna Fedorova
Keyword(s):  
Law Enforcement ◽  
Preventive Measures ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Negative Influence ◽  
Criminal Procedure Law ◽  
Selection Of

The article analyzes the current norms of international and Russian criminal procedure law and law enforcement practice concerning the selection of preventive measures against juvenile defendants. The author considers the peculiarities of the choice of preventive measures against minors as a way to prevent the negative influence (influence) on the minor participants in the process. The author examines the problematic issues in this area and suggests ways to solve them.

scholarly journals ELECTRONIC EVIDENCE IN THE INVESTIGATION OF CRIMES: THE EXPERIENCE OF THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES

2020 ◽  
Vol 35 (3) ◽  
pp. 162-165
Author(s):  
E.V. Christinina ◽  
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Criminal Case ◽  
Scientific Article ◽  
Electronic Evidence ◽  
Foreign Countries ◽  
The Subject ◽  
The Russian Federation ◽  
Investigation Process

The scientific article is devoted to important issues related to the peculiarities of legal regulation of electronic media used as evidence in the investigation of a criminal case. The object of research of the scientific article is the law enforcement activity of the preliminary investigation bodies on the use of electronic evidence in the investigation of crimes. The article pays special attention to the purpose and production of individual investigative actions, during which electronic evidence is collected and evaluated. The subject of research in the scientific article is a set of norms established by the criminal procedure code of the Russian Federation and the opinions of procedural scientists regarding the use of electronic evidence in the investigation of crimes. The article analyzes the experience of foreign countries in the use of electronic evidence in the investigation process. The conclusion about the necessity and importance of using electronic evidence in a criminal case is summarized.

scholarly journals The Problems of Implementing the Procedural Relationship Between the Prosecutor and the Investigator on Applying a Measure of Restraint in Judicial Control Proceedings (Through the Example of Detention)

Legal Concept ◽  
2021 ◽  
pp. 57-64
Author(s):  
Vagip Abdrashitov ◽  
Davlatali Kakhkhorov ◽  
Violetta Gavrilova
Keyword(s):  
Preliminary Investigation ◽  
Historical Analysis ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Soviet Period ◽  
Criminal Proceedings ◽  
Judicial Control ◽  
Current State ◽  
Criminal Procedure Law

Introduction: the paper examines the problems of implementing the procedural relationship between the prosecutor and the investigator in the course of judicial control proceedings when applying the measures of procedural coercion in the form of detention. In the doctrine of criminal procedure, there are different positions of processualist scientists on improving the criminal procedure activities of the prosecutor and the investigator at the stage of deciding on applying a measure of restraint in the form of detention. The authors took a keen interest in the lack of a legitimate determination of the prosecutor’s opinion on the validity and legality of the request of the preliminary investigation bodies to choose detention in the course of judicial control proceedings. It is the written opinion of the prosecutor as a form of intervention at the pre-trial stages, especially in the course of judicial control proceedings when investigating the issue of choosing detention that contributes to the court’s taking a legitimate and reasoned decision. In this context, the authors set the goal of finding and improving the efficiency of the procedural model of relations between the prosecutor and the investigator on the issue of resolving a preventive measure in the form of detention in the course of judicial control proceedings. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are the methods of cognition, comparative law and historical analysis. Results: the authors analyzed the provisions of the criminal procedure norms of the Soviet period on this issue which helped to identify a number of shortcomings in that period and in the present one, which were inherited from the past. Conclusions: the existing procedural model of interaction between the prosecutor and the investigator in a detailed study of the problem of preventive measures in the form of detention, regulated by the current criminal procedure law, does not correspond to the current state policy in relation to the Russian prosecutor, who acts on behalf of the state at all stages of criminal proceedings. In this regard, the authors, based on the analysis of numerous positions of processalist scientists, as well as the judicial and investigative practice, proposed a procedural model of interaction between the prosecutor and the investigator during the judicial control proceedings, which can be applied in regulating the relationship between the prosecutor and the investigator when considering the issue of applying a measure of restraint in the form of detention.

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