INCRIMINATION AND THE MODIFICATION OF INCRIMINATION IN HEARING

2017 ◽  
pp. 175
Author(s):  
Arita Upīte ◽  
Ilona Bulgakova
Keyword(s):  
Legal Regulation ◽  
Criminal Case ◽  
Full Understanding ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Court Hearing ◽  
The Way

The author of the research provides the explanation of the concept of criminal proceedings, its content, explores and analyzes the possibilities of amending the incrimination in court hearing process and its application in practice by studying and analyzing the legal literature, legal regulation and practice materials. Researching the Criminal Proceedings Law paragraphs 461 and 462 application in practice, the author has identified that public prosecutors, amending the incrimination in court hearing process, often indicate only the paragraph, without pointing the way the incrimination was amended, which does not allow to draw a conclusion if the way of incrimination amending has been understood correctly, as well as the incrimination amendment is used to clarify the incrimination and correct misspelling mistakes that have been made.The author of the research makes suggestions for improvement of mentioned regulations, because the incrimination must provide full understanding of its essence, without searching for additional explanations in criminal case materials.

scholarly journals To the admissibility of the civil law exemption of property from arrest, imposed in the criminal proceedings: domestic and foreign experience

2017 ◽  
Vol 1 (3) ◽  
pp. 190-200
Author(s):  
Natalia Kashtanova
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Judicial Protection

The subject of paper deals with the legal nature of measures of criminal procedural compulsionin the form of seizure of property.Methodological basis of the article is based on general scientific dialectical methods of cognitionof objective reality of the legal processes and phenomena that allowed us to conduct anobjective assessment of the state of legislation and law enforcement practice in the proceduralaspects of the cancellation of the seizure of property in criminal proceedings of Russia.The results and scope of it’s application. It is submitted that the cancellation of the seizureof the property (or the individual limit) is allowed only on the grounds and in the mannerprescribed by the criminal procedure law of the Russian Federation. However, the studyfound serious contradictions in the application of the relevant law. In particular, cases inwhich the question of exemption of property from arrest (exclusion from the inventory),imposed in the criminal case was resolved in a civil procedure that, in the opinion of theauthor of the publication, is extremely unacceptable.On the stated issues topics analyzes opinions of scientists who say that the dispute aboutthe release of impounded property may be allowed in civil proceedings, including pendingresolution of the criminal case on the merits. The author strongly disagrees with this positionand supports those experts who argue that the filing of a claim for exemption of propertyfrom arrest (exclusion from the inventory) the reviewed judicial act of imposing of arrestwithout recognition per se invalid. In this regard, the author cites the legal position ofthe constitutional Court of the Russian Federation, from which clearly follows that of theright of everyone to judicial protection does not imply the possibility of choice of the citizenat its discretion, techniques and procedures of judicial protection, since the features of suchjudicial protection is defined in specific Federal laws.The author analyzes and appreciates Kazakhstan's experience of legal regulation of the permissibilityof filing a civil claim for exemption of property from seizure imposed in criminalproceedings. The author notes that the new civil procedural legislation of the Republic ofKazakhstan, which came into force from 01 January 2016, clearly captures that considerationin the civil proceedings are not subject to claims for exemption of property from seizureby the criminal prosecution body.Conclusions. Necessity of amendment to article 422 of the Civil Procedure Code of Russia:this article should not apply to cases of application of measures of criminal procedural compulsionin the form of seizure of property. Among other things, the author proposed additionsto part 9 of article 115 of the Criminal Procedure Code of Russia.

scholarly journals To the question of the implementation of the right to protection of minors, victims of crime

2020 ◽  
Vol - (1) ◽  
pp. 41-44
Author(s):  
A.I. Glushkov ◽  
◽  
E.E. Smekina ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Legal Literature ◽  
Victims Of Crime ◽  
The Right

The article is devoted to the analysis of issues of legal regulation and the realization in modern conditions of the rights to protection of adolescents who have suffered as a result of the crimes committed against them. Legal literature, legislative acts, as well as judicial and investigative practice on this issue have been analysed. On the basis of the study, problems of ensuring the right to protection of juvenile victims in criminal proceedings were identified, as well as proposals for improving the norms of criminal procedure legislation regulating this sphere of activity and their application were justified.

Suspicion and Charge Statuses in Criminal Remedial Activities

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Елена Сопнева ◽  
Elena Sopneva
Keyword(s):  
Legal Regulation ◽  
The Other ◽  
Theoretical Development ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Foreign Experience ◽  
Procedural Time ◽  
The One ◽  
The Right

The author analyzes legislative, theoretical and practical levels of suspicion and charge enforcement. The author identifies problems of understanding the concepts of suspicion and charge: during theoretical and legislative classification of these categories the author identifies the absence of sound differences in their essence. The author considers foreign experience in realization of the suspicion and charge statuses in criminal remedial activities. The author comes to the conclusion that on the one hand, the suspicion, due to its procedural demand and importance has the right for independent theoretical development and independent legal regulation and on the other hand, it can be considered as an alternative to charge, since the latter cannot be considered to be the only possible basis for a transfer of a criminal case to a court. The author also accepts the variant when suspicion takes principal procedural time and the charge is defined at the end of criminal proceedings when the case is transferred to a court to be considered on the merits.

scholarly journals Legal Framework of the Mechanism for the Elimination of Judicial Errors in Germany: A Comparative Legal Aspect

2021 ◽  
Vol 16 (3) ◽  
pp. 124-132
Author(s):  
A. G. Trofimik
Keyword(s):  
Legal Aspect ◽  
Legal Framework ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Legal Structure ◽  
Procedural Law ◽  
Judicial Practice ◽  
Judicial Errors ◽  
Assessment Of Evidence

The paper examines the legally enshrined principles of material truth (§ 244 II StPO) and free assessment of evidence (§ 261 StPO), as well as the doctrinal requirement for a comprehensive, complete and objective study of the circumstances of a criminal case from the standpoint of the legal mechanism for identifying and eliminating (eliminating) judicial errors in criminal proceedings in Germany. The meaning and functions of the named concepts for criminal proceedings have been determined. The influence of the principle of material truth (Untersuchungsgrundsatz, Aufklärungspflicht) and the principle of free evaluation of evidence on law enforcement are analyzed. Based on the analysis of the universal regulatory framework of the elimination of judicial errors and the corresponding judicial practice, comparing the current legal regulation of Germany with the Soviet criminal process, the author formulates hypotheses on the possibility of returning to the domestic criminal procedural law of truth as a special legal structure that guarantees the quality of the investigation of the circumstances of the criminal case and ensuring uniform judicial practice.

scholarly journals Discretionary Model of Legal Regulation of a Criminal Case and Criminal Prosecution Termination: Pro et Contra

2020 ◽  
Vol 15 (11) ◽  
pp. 214-222
Author(s):  
G. N. Kucherov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Enforcement Officer ◽  
The Russian Federation ◽  
Law Enforcement Officer ◽  
The Law

The paper discusses the issues of choosing the most effective model of criminal proceedings termination, analyzes the proposed in the scientific literature model of refusal of the discretion of the law enforcement officer when making an appropriate procedural decision. The author, based on the practice of the European Court of Human Rights, the Constitutional Court of the Russian Federation and the decisions of the Plenum of the Supreme Court of the Russian Federation, studies the relationship between the principle of justice and the legality of procedural decisions to terminate a criminal case and criminal prosecution. The author concludes that the discretionary model of legal regulation of a criminal case and criminal prosecution termination is an effective means of achieving the purpose of criminal proceedings, allowing the law enforcement officer to make a fair decision, given the nature, degree of social danger of the crime, the circumstances of its commission, information about the identity of the person who committed the crime. Refusal of the discretion of the law enforcement officer in the matter of terminating a criminal case will not only not contribute to the humanization of legislation, but will mark the victory of formalism over justice in criminal proceedings.

scholarly journals Ethic principles of using genetic information during criminal jurisdictional activity

2021 ◽  
Vol 136 (3) ◽  
pp. 86-97
Author(s):  
O.I. Andreeva ◽  
◽  
O.A. Zaitsev ◽  
Keyword(s):  
Genetic Information ◽  
Legal Regulation ◽  
Private Life ◽  
Criminal Case ◽  
Expert Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Data Bases ◽  
The Individual ◽  
Genome Information

The article considers how the principles of respect for the honor and dignity of the individual and privacy are implemented in the use of genetic information in criminal proceedings. The authors analyzed existed tendencies, directed to increase the extent of federal basis of genetic information due to extension of the list of subjects, liable to compulsory genetic registration, legal regulation of mechanism of using genetic information during criminal trial. The authors concluded that indiscriminate extension of subjects, liable to compulsory genome records, covered by accused (suspected) persons in a committing of a crime, or deposing genome information of acquitted persons in data bases, or deposing genome information of persons, whose criminal cases were closed due to rehabilitative circumstances, do not meet requirements of the protection of their rights and legal interests. It is proven that the production of genetic expert evidence should be proceeded based on court judgment, secured with additional guarantees that this genetic information won’t be revealed out of the investigation of a concrete criminal case. The method of obtaining biometrical materials should include following actions: informing a person about the purpose and means of its obtaining, his/her rights, his/her duties, his/her responsibilities, access conditions to obtained materials, reindefication and restrictions of anonymity or privacy. The storage procedure of genetic information should guarantee the protection of the private life of a person; provide controlled access to it and to biometrical materials by authorities.

scholarly journals Formal and Material Approaches to the Procedural Status of Participants in Criminal Proceedings Regulation: The Need to Establish a Balance

2020 ◽  
Vol 15 (11) ◽  
pp. 207-213
Author(s):  
A. Yu. Chekotkov
Keyword(s):  
Important Task ◽  
Criminal Case ◽  
Control Methods ◽  
Criminal Proceedings ◽  
Optimal Ratio ◽  
The Law ◽  
Exhaustive List ◽  
The Way

The most important task of criminal proceedings is to ensure a proper observance of the rights and freedoms of all persons involved in the process of investigation and judicial consideration of a criminal case. On the way to its solution, the desire to formalize in detail an exhaustive list of rights and obligations for each subject of procedural activity is extremely clearly traced. However, it is also obvious that at the regulatory level it is impossible to foresee all the variety of cases that one or another participant may face in reality. In this regard, when assessing the procedural status of a particular person, it is necessary to take into account not only the relevant norms of the law, but also his essential (material) position, which he occupies in the criminal proceedings. Thus, in the presence of two control methods, it is necessary to ensure their optimal ratio. It is this option that can make it possible to take into account both the positive and negative aspects of these areas and properly guarantee the observance of the rights and freedoms of persons participating in the process.

scholarly journals Criminal Procedure Policy and Use of Information Obtained when Performing Investigative Measures

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Aleksandr Vitovtov
Keyword(s):  
Criminal Behavior ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases

The article examines the problem of possible use, in proving in criminal cases of crimes of economic orientation, the information obtained in the course of investigative measures and their legal regulation; it also pays attention to the issue of criminal behavior provocation. Based on the study carried out, the author comes to the conclusion that today the only possible variant of solving the problem of using the results of investigative activities in the process of proving is their use on the basis of the criminal procedural legislation norms, which are currently absent. This conclusion is justified by the fact that involvement in a criminal case of the data obtained as a result of investigative activities fully relates to criminal proceedings, and, accordingly, should be regulated by criminal procedural legislation.

scholarly journals Problems of legal regulation of the stage of exciting a criminal case

2021 ◽  
Vol 4 ◽  
pp. 116-120
Author(s):  
M.A. Mityukova ◽  
◽  
N.A. Shishkina ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Russian Federation

The lack of sufficient legal regulation of criminal procedural activity at the stage of initiating a criminal case causes the constant appeal of theorists and practitioners to the study of this stage. At the same time, the legislator has not yet made the necessary changes to the Code of Criminal Procedure of the Russian Federation. This study analyzes the methods of verifying reports of a crime, in particular, the problems of proper process fixing of received objects and documents when using such methods of collecting evidence as reclamation and presentation. Based on the analysis of theoretical provisions and investigative practice, problems are posed and conclusions are drawn about the need to fix the possibility of seizure in the Criminal Procedure Code of the Russian Federation when checking a crime report. The issues of the legal status of participants in the stage of initiating a criminal case at the stage of receiving and registering reports of a crime, during the production of investigative actions are also studied. Conclusions are drawn about the need to make changes to the Code of Criminal Procedure of the Russian Federation aimed at consolidating the legal status of the applicant, the victim, eyewitnesses and other participants in criminal proceedings.

scholarly journals HOW TO SOLVE THE ISSUE OF TERMINATION CRIMINAL CASE UNDER ST. 25.1 CODE OF CRIMINAL PROCEDURE UNDER THE PURPOSE OF THE HEARING?

2018 ◽  
Vol 22 (2) ◽  
pp. 143-151
Author(s):  
T. K. Ryabinina ◽  
O. V. Petrova
Keyword(s):  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Research ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Procedural Costs ◽  
General Scientific ◽  
Comprehensive Study

The article deals with the issues related to the legal regulation of the new grounds for termination of a criminal case or criminal prosecution - in connection with the appointment of the accused measures of a criminal nature in the form of a court fine and peculiarities of its application at the stage of appointment of the court session. As you know, the possibility of termination of the criminal case at this stage of the process is implemented at a preliminary hearing, where in conditions of competition, with the participation of the parties, that is, taking into account their opinion, the court, instead of appointing a trial, if there are necessary reasons, decides to terminate the criminal case or criminal prosecution, which is an important guarantee against unreasonable Moreover, the adoption of such a decision helps to reduce the time of criminal proceedings and its resolution, procedural costs, including material and organizational nature. As judicial practice in connection with application of the new basis of the termination of criminal case is only acquired, research of this question is actual and from the theoretical, and practical parties. The paper uses General scientific and special-legal research methods: analysis and synthesis, legal modeling, formal-legal. The scientific novelty of the research consists in the author's approach to the study of the problem, which allowed the author on the basis of a comprehensive study of the Institute of termination of criminal proceedings or criminal prosecution in connection with the appointment of the accused measures of a criminal nature in the form of a court fine to justify the need to improve both the procedure for resolving the issue of termination of a criminal case on this ground, and the legal regulation of the conditions of application of this ground.

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