scholarly journals The Peculiarities of Interaction of the Prosecutor, with the Investigation Bodies and the Court in Pre-Trial Proceedings in a Criminal Case

Legal Concept ◽  
2021 ◽  
pp. 49-56
Author(s):  
Yuri Franciforov ◽  
Natalia Solovyova ◽  
Vladimir Shinkaruk
Keyword(s):  
Preliminary Investigation ◽  
Scientific Paper ◽  
The State ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legitimate Interests ◽  
Interaction Efficiency ◽  
Mutual Relations ◽  
The Individual

Introduction: the paper reveals the peculiarities of the interaction of the court with the officials for the prosecution, who have authority at the stages of initiating a criminal case and preliminary investigation. The paper reveals the types of interaction, as well as the prerequisites for the interaction efficiency between the court and the parties to criminal proceedings on the part of the prosecution, which are based on such fundamental principles of the criminal process as legality, inviolability of the individual, respect for the honor and dignity of the individual and publicity. The interaction of parties to criminal proceedings on the part of the prosecution and the court is carried out through mutual relations conditioned by common tasks, which are based on the principle of publicity, caused by the interests of society and the state, in order to ensure the rights and legitimate interests of the individual, to some extent involved in the criminal proceedings. In this regard, the objectives of the study are: the recommendations for improving the interaction efficiency between individual participants of the prosecution and the court in pre-trial proceedings in a criminal case, the enhancing of cooperation between the subjects of the investigation, the prosecutor and the court, aimed at protecting the rights of persons who have suffered from a crime, as well as the ensuring of the rights of an individual who has been subjected to unjustified criminal prosecution. Methods: the methodological framework for the scientific paper is the methods of scientific cognition, and such general scientific research methods as dialectical, logical, system, structural and functional, and the specific scientific methods, the comparative legal and formal legal methods. Results: in the paper, the authors determine that the interaction of the court, the prosecutor and the investigator contains the following components: purpose, stage and form; sets the criteria for the forms of interaction, in the form of procedural status, purpose, share of responsibility and the nature of legal relations. The paper examines such terms as “relationship” and “interaction”, due to the need to determine their relationship. The authors establish that the relationship of interaction and relationships of parties to criminal proceedings can be characterized as part and general. The highest form of relationship between parties to criminal proceedings is procedural interaction, which forms their stable relationships, gives them the property of stability and productivity. Conclusions: the authors determine that the interaction of the preliminary investigation bodies, the prosecutor and the court is based on the tasks of collecting evidence in the course of criminal proceedings, due to: the need to obtain permission to conduct certain investigative actions and the measures of procedural coercion; the prosecutor’s supervision of the procedural activities of the bodies of inquiry and preliminary investigation; the powers of the court in pre-trial proceedings. The authors come to the conclusion that the main tasks of interaction are: ensuring the legality of the activities of the participants in the interaction; preparing an indictment, a charging document or a determination, for a full, comprehensive and objective judicial review; implementing the protection of the rights, freedoms and legitimate interests of a person and citizen, the interests of society and the state.

scholarly journals Implementation of the Constitutional Obligation of the State to Ensure Access to Justice in the Context of Digital Technologies Development

2020 ◽  
Vol 15 (8) ◽  
pp. 155-163 ◽  
Author(s):  
T. Yu. Vilkova
Keyword(s):  
Preliminary Investigation ◽  
Digital Technologies ◽  
The State ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Independent Direction ◽  
The Moment

The paper shows that ensuring access to justice is enshrined in the constitutions of most UN member states. The specificity of the Russian constitutional norm lies in the fact that ensuring access to justice for victims of crimes is imposed on the state as its duty. In criminal proceedings, this obligation is realized through the activities of the preliminary investigation bodies, the prosecutor, and the court. The author proposes measures aimed at building pre-trial proceedings that effectively ensure access to justice: refusal from the stage of initiation of a criminal case and indicating the preliminary investigation from the moment of registration of a crime report; empowering the prosecutor to initiate criminal proceedings, direct investigations and bring charges; expansion of judicial control in pre-trial proceedings; development of effective simplified and accelerated procedures in preliminary production; supplementing the grounds for termination of a criminal case, criminal prosecution by the inexpediency of criminal prosecution. It is shown that the introduction of digital technologies in the criminal process, including the establishment of digital interaction between state bodies and the population through a single secure digital online platform, should become an independent direction for improving pre-trial proceedings; creation of a mechanism for filing a crime report through a special online service; automatic registration of applications and determination of the direction of their movement using the capabilities of artificial intelligence; introduction of an electronic criminal case; use of semantic neural networks, computer vision, data clustering, etc. in the criminal process.

scholarly journals PARTICIPANTS IN THE ALLEGED CRIMINAL LAW CONFLICT AT THE STAGE OF CRIMINAL PROCEEDINGS

2020 ◽  
Vol 30 (2) ◽  
pp. 297-304
Author(s):  
D.V. Tat’yanin
Keyword(s):  
Decision Making ◽  
Free Will ◽  
Criminal Law ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Research Papers ◽  
Legitimate Interests ◽  
Initiation Stage ◽  
The Individual

The article deals with the problem of determining the composition of participants in the stage of initiation of criminal proceedings. Imperfect legislation, lack of proper regulatory regulation of participants in the criminal law conflict taking part in the considered stage leads to violations of the rights and legitimate interests of the individual; this affects the process before the investigative check and subsequent preliminary investigation. Based on the analysis of legislation and research papers, the author explains the proposal about inexpediency of a long preliminary investigation and necessary decision-making on excitation of criminal case immediately after the establishment of the fact of committing a crime without further establishing at this stage a suspect in the crime. The author notes the inadmissibility of the use of procedural compulsion in the process of checking the reasons and grounds of a criminal case, as well as on the introduction of such a participant as “suspected”, since the establishment of the commission of a crime entails the criminal case and the emergence of such a participant as “suspect”. The author substantiates the illegality of identifying the suspect and the person who gave himself up. The author offers a list of rights of participants in the criminal case initiation stage, which can be implemented only by the participant's own free will.

scholarly journals On Public Interest in a Criminal Procedure

Russian judge ◽  
2021 ◽  
Vol 1 ◽  
pp. 26-30
Author(s):  
Eduard S. Kaminskiy ◽  
Keyword(s):  
Public Interest ◽  
Criminal Procedure ◽  
The State ◽  
Social Needs ◽  
Alternative Methods ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Is Implementation ◽  
Progressive Development ◽  
Legitimate Interests

The article analyzes the concept and content of public interest in criminal proceedings. It is concluded that public interests are social needs recognized by the state and regulated by the norms of law, aimed at achieving public goods, the satisfaction of which ensures the integrity, stability and progressive development of society. The interests of society and the state are protected through a structured system of criminal proceedings, which is public in nature. The basis of public prosecution is criminal prosecution on behalf of the state. The content of public interest in criminal proceedings is: implementation of such a regime of investigation and resolution of criminal cases that allows to protect society from criminal attacks; protection of the rights and legitimate interests of persons involved in criminal procedure; refusal to apply excessive measures of responsibility to persons who have committed crimes, use of alternative methods of resolving criminal law conflicts.

Criminal law and economic activity (ratio of private and public interests)

2020 ◽  
Author(s):  
V. Artemov ◽  
N. Golovanova ◽  
A. Gravina ◽  
O. Zaycev ◽  
V. Kashepov ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Criminal Policy ◽  
Economic Security ◽  
Business Community ◽  
Criminal Prosecution ◽  
General Description ◽  
Criminal Proceedings ◽  
Wide Range ◽  
Legitimate Interests

The scientific and practical guide is devoted to the formation of a comprehensive and systematic approach to improving the activities of the court and preliminary investigation bodies in cases of crimes committed in the field of business and other economic activities (including taking into account the experience of law enforcement practice in criminal prosecution of entrepreneurs in a number of foreign countries). The problem of establishing a balance between the duties of judicial and investigative bodies within their competence to take measures to ensure economic security and to respect the rights and legitimate interests of entrepreneurs involved in criminal proceedings is considered. The author defines the main directions and forms of modern criminal policy in this area; gives a General description of the criminal legal situation in terms of ensuring economic security; identifies additional guarantees of the rights and legitimate interests of entrepreneurs provided in the implementation of law enforcement activities. Particular importance is attached to the study of substantive and criminal procedural mechanisms used in criminal proceedings on economic crimes. For researchers, practicing lawyers, representatives of the business community, teachers, postgraduates, students of law schools and faculties, as well as for a wide range of readers interested in this issue.

scholarly journals Termination of a criminal case (criminal prosecution) as a result of voluntary compensation for damage caused by a crime in the russian criminal court legal proceedings

2021 ◽  
Vol 7 (3B) ◽  
pp. 645-651
Author(s):  
Artem Igorevich Neryakhin ◽  
Dmitriy Aleksandrovich Ivanov ◽  
Vasily Dzhonovich Potapov ◽  
Denis N. Stacyuk ◽  
Tatiana Ivanovna Bondar
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Criminal Court ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Russian Federation ◽  
Compensation For Damage

The authors study the controversial issues of termination of a criminal case (criminal prosecution) on the condition of voluntary compensation for the damage caused by the crime by the suspect (accused) during the preliminary investigation. The thesis is proved that in Russian criminal proceedings the procedure for voluntary compensation for damage caused by a crime is quite clearly regulated, and if the suspect (accused) voluntarily compensated for the property damage caused, then their actions will be evaluated within the current legal framework, when the fact of compensation for damage creates grounds for exemption from criminal liability and termination of the criminal case (criminal prosecution) in accordance with Articles 75, 76, 761, 762 of the Criminal Code of the Russian Federation, Articles 25, 251, 28, 281 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Forms of the exercise of judicial power in criminal proceedings in the context of the procedural status of the court as a participant in criminal proceedings

2019 ◽  
Vol 13 (3) ◽  
pp. 376-385
Author(s):  
P. A. Lutsenko ◽  
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
State Institution ◽  
Judicial System ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Structural Mechanism ◽  
Legitimate Interests ◽  
The One ◽  
Principle Of Legality

The article analyzes the procedural status of the court as a participant in criminal proceedings, taking into account the specifics of its legal status and its functions. The legal status of the court in criminal proceedings is determined by the lack of public or personal interest in the outcome of the criminal case, which not only determines the adversarial form of proceedings, but also guarantees the independence of the judiciary in the administration of justice. The author comes to the conclusion that the concept of “court” is collective, because, on the one hand, it is a state institution that is part of the judicial system, on the other hand, a judge is a carrier of power, considering a criminal case on the merits and making decisions stipulated by by law. The judicial system has a sign of instancedness, due to its internal hierarchical structure. The presence of judicial instances predetermines the movement of a criminal case, is a structural mechanism for the implementation of the function of internal judicial control and supervision and also protects the rights and legitimate interests of participants in criminal proceedings and other interested parties. The powers of the court are considered on the basis of a functional criterion, namely: resolution of the criminal case on the merits; control over the activities of preliminary investigation bodies; consideration of complaints about actions (inaction) and decisions of officials conducting criminal proceedings; response to the violations of the rights and freedoms of citizens, the principle of legality, established circumstances that contributed to the commission of a crime committed during the criminal proceedings by issuing a private ruling or decision.

scholarly journals On the problem of establishing a condition for compensation for damage and making amends for damage when a criminal case (criminal prosecution) is terminated in connection with the appointment of a criminal law measure in the form of a court fine

2021 ◽  
Vol 4 ◽  
pp. 129-134
Author(s):  
I.V. Fatyanov ◽  
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Russian Federation ◽  
Compensation For Damage

The article examines the ambiguity in the interpretation of article 76.2 of the Criminal code and article 25.1 of the Criminal procedure code of the Russian Federation to establish terms of compensation for the damage and (or) smoothing caused by the crime harm. The author substantiates the argument about the fallacy of considering this condition only formally, the author focuses on the mandatory establishment in this case of the characteristics of the identity of the guilty person and the measure of public danger of the committed act. The scientific novelty of the article lies in the approach proposed by the author to the study of the problem of establishing such a condition. In particular, the author considers it essential to solve such a problem to study the legal nature of compensation for damage and compensation for damage when a criminal case (criminal prosecution) is terminated on this basis. The author defines the specifics, identifies the main purposes of such a legal phenomenon in the context of a legal problem. The article concludes that if the preliminary investigation body and (or) the court (justice of the peace) the lack of property harmful consequences from the crime, the failure to make reparation is not to be considered as an obstacle to the termination of criminal proceedings on the grounds provided by article 25.1 of the Criminal procedure code of the Russian Federation, article 76.2 of the Criminal code of the Russian Federation. As a conclusion, the scientific work has prepared a specific text of the interpretation of the condition in the relevant explanations of the Supreme Court of the Russian Federation, which will exclude ambiguity on this issue from the law enforcement officer.

The Interrogation of the Accused in a Criminal Case in a Special Manner

2020 ◽  
Vol 8 ◽  
pp. 88-93
Author(s):  
O. V. Kachalova ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Sharp Change ◽  
Mental Disabilities ◽  
Criminal Proceedings ◽  
Legitimate Interests ◽  
Correct Path ◽  
Special Order ◽  
Simplified Form

The article discusses the possibilities of conducting an interrogation when considering a criminal case in a special judicial proceeding. Currently, the law does not indicate the possibility of conducting an interrogation of the defendant when considering his case in a special manner. In fact, the judges considering the case, as a rule, interrogate the defendants, without touching upon the actual circumstances of the case, ask specific questions to eliminate all doubts and obstacles to the application of this simplified form of criminal proceedings. This practice does not seem vicious, it follows the correct path of procedural logic, smoothing out the flaws of the legislator. The author comes to the conclusion that it is necessary to establish the possibility of revealing the factual circumstances of the case during the interrogation of the defendant in the same way as provided for in part 3.1 of Art. 317.7 of the Code of Criminal Procedure when considering in a special manner a criminal case with a pre-trial agreement on cooperation. The parties to the trial should be empowered with the permission of the presiding judge to ask the defendant questions. Interrogation during a criminal case in a special manner will more likely ensure the rights of persons with physical or mental disabilities, significantly reducing their ability to independently exercise their rights and defend their legitimate interests, as well as persons who do not speak the language of the proceedings. During the interrogation, the court can be convinced not only of the absence of self-incrimination, but also that the person speaks the language of the proceedings, is aware of what he has done as a crime, etc. The interrogation of the defendant could eliminate the judge's doubts in cases where the accused is at the preliminary investigation stage denied guilty of a crime. A sharp change in the position of the accused may indicate the compulsion of the petition for consideration of the case in a special manner due to threats, persuasion and other illegal actions. Faced with this situation, the court must carefully evaluate all the circumstances of the case. Legislative consolidation of the possibility of conducting an interrogation of a defendant during a criminal case in a special order will allow to more fully ensure the rights and legitimate interests of a given participant in the process, as well as create additional guarantees for a reasonable and fair decision in this case.

scholarly journals HYPERBOLIZATIONOF THE ACT OF THE COMMENCEMENT OF PRELIMINARY INVESTIGATION AS A NEGATIVE FACTOR TO THE REALIZATION OF A STAGE OF A CRIMINAL CASE

Issues of Law ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 103-112
Author(s):  
L. L. Abramova ◽  
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Constitutional Courts ◽  
The Russian Federation ◽  
Initiation Stage ◽  
Formal Procedures

In the article, the author returns to the discussion of the need to formalize an act on the initiation of a new criminal case on the grounds of an additional detected crime or a newly established person during the investigation of the “main” case. Based on the analysis of law enforcement practice, the inefficiency of the current procedural mechanism for initiating criminal proceedings when a number of formal procedures are performed is demonstrated. The content of the article consistently analyzes the legal positions of the Supreme and constitutional Courts of the Russian Federation, the provisions of retrospective and current criminal procedure legislation, certain aspects of departmentalregulation, the opinions of authoritative scientists, and the positions of practitioners. Based on these arguments, the thesis is formulated that the reasons for this situation have developed historically and are due to the hyperbolization of the meaning of the act on the beginning of a preliminary investigation in modern legislation and law enforcement practice. This has an extremely negative impact on the effectiveness of criminal proceedings in General, and does not contribute to the implementation of the tasks of the criminal case initiation stage in particular. The author focuses on the fact that the institution of criminal proceedings and criminal prosecution should not be equated. The decision to initiate a criminal case may contain an initial, hypothetical qualification of the committed act, which should not create obstacles to the” testing “ of a person in one proceeding for involvement in the Commission of several similar acts and subsequently the presentation of a single charge in one case.

scholarly journals INTERROGATION OF THE VICTIM, THE WITNESS UNDER A PSEUDONYM IN PRE-JUDICIAL AND JUDICIAL PRODUCTIONS (CRIMINAL PROCEDURE AND CRIMINALISTIC ASPECTS)

2019 ◽  
Vol 29 (4) ◽  
pp. 480-486
Author(s):  
A.Yu. Epikhin ◽  
A.V. Mishin
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Current State ◽  
Criminal Procedure Law ◽  
The Republic ◽  
Practical Recommendations

Ensuring the safety of victims, witnesses in a criminal case allows to carry out the main objectives of criminal prosecution. Interrogation as one of the main investigative actions allows to record important information of evidentiary nature in the case. Currently, there is a sufficient number of proven forensic recommendations for tactics of interrogation of the victim, the witness in pre-judicial production. At the same time, interrogation of such participants of criminal proceedings under a pseudonym in preliminary investigation and, especially in court session, in terms of criminalistics is poorly studied. The article discusses problematic issues of the current state of the organization and tactics of interrogation under a pseudonym of the protected person in pre-judicial and judicial criminal case productions. The authors have proposed variable tactical solutions on production of interrogation of this type, practical recommendations for the persons conducting proceedings, as well as formulated proposals aimed at improving the effectiveness of the law enforcement of the criminal procedure law. The data of generalization of investigatory and judicial practice in the Republic of Tatarstan have been used.

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