scholarly journals The Ground for Selection of a Measure of Restraint: “An Opportunity to Interfere with Criminal Case Proceedings by Other Means” Has Its Independent Meaning

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 24-28
Author(s):  
Svetlana S. Arsentyeva ◽  
◽  
Anatoliy N. Savchenko ◽  
Keyword(s):  
Criminal Case ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Selection Of

The paper defines the problem of application in judicial practice, the grounds on which the accused, a suspect, the interrogating officer, the investigator and the court are entitled to elect a measure of restraint. Based on the examples of judicial practice of applying this ground, the authors conclude that there is a phenomenon in criminal proceedings that is called “I apply without awareness”.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

Fundamentals of the evidentiary process in the light of judicial practice in criminal cases

2020 ◽  
Author(s):  
Elena Bryanskaya ◽  
Anna Altunina
Keyword(s):  
Driving Force ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice

The monograph gives an idea of the process of proof in a criminal case. The process of proof is the driving force behind all criminal proceedings. In this regard, issues related to the concept, types and nature of evidence, their recognition as inadmissible, and their argumentative power are considered. The article presents the material that reveals the stages of the proof process. It is addressed to students, undergraduates, postgraduates, researchers and practitioners specializing in criminal evidence.

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 Determination of the Procedural Status of a Person Who Was Inclined to Use Narcotic Drugs

2020 ◽  
Vol 17 (3) ◽  
pp. 394-401
Author(s):  
Aleksei Suslikov
Keyword(s):  
Criminal Code ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
The Status ◽  
The Moment ◽  
Narcotic Drugs

In the process of criminal proceedings, the determination of the procedural status of a person participating in a criminal case is the most important stage of the investigation. It depends on who the person will be recognized, what rights and obligations it will have, how actively it will be able to participate in the criminal case. The paper examines issues related to the determination of the procedural status of a person inclined to use drugs, draws conclusions about the need to recognize the inclined victim in the framework of the investigation of criminal cases under Art. 230 of the Criminal Code of the Russian Federation “Induction to the consumption of narcotic drugs, psychotropic substances or their analogues.” The article analyzes the arguments in defense of the provision on recognizing as victims those who are inclined to use drugs, and also provides arguments explaining what kind of damage is caused by the perpetrator to people who have used drugs and who have refused their use. The presently existing judicial practice on determining the procedural status of persons inclined to use drugs is presented. The paper explains the reasons why investigators and prosecutors do not want to involve persons inclined to use drugs to participate in criminal proceedings on the side of the prosecution. Using the example of a judicial act that has entered into legal force, it is explained how the status of a victim in a criminal case can affect the sentence passed. The situation with cannabis is considered in order to understand the harm arising from one-time use of narcotic drugs. Attention is focused on the attitude of society towards narcotic drugs made from hemp, and on the example of works in the field of medicine, the author describes the damage caused to a person when hemp-based drugs are consumed. At the same time, it explains why drugs inflict both physical and moral harm on a person. Conclusions are formulated about the need for the incited person to participate in a criminal case in the status of a victim from the moment the investigator makes a decision to initiate a criminal case.

scholarly journals ELECTRONIC DATABASES AS A SOURCE OF OBTAINING DATA FOR THE CIRCUMSTANCES TO BE PROVEN IN A CRIMINAL CASE

2021 ◽  
pp. 39-42
Author(s):  
A.Yu. Safronov
Keyword(s):  
Russian Federation ◽  
Federal Court ◽  
Criminal Code ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Record Keeping ◽  
Judicial Practice ◽  
Special Part ◽  
Other Information ◽  
The Russian Federation

The article provides an analysis of the sources of obtaining evidentiary and other information necessaryfor the investigation body, the prosecutor (state prosecutor) and the court to implement the provisions on theconfiscation of property under Art. 104.1 of the Criminal Code of the Russian Federation. With examples fromthe judicial practice of the federal court and the positions of the Supreme Court of the Russian Federation,set out in the Resolution of the Plenum, the issue of obtaining information from electronic databases aboutthe property status of a participant in criminal proceedings is considered. The possibilities of GAS “Justice” ofPI “Judicial record-keeping” on the issues under consideration are revealed. The conclusion is substantiatedthat the conclusion that electronic databases can and should be used as a source of obtaining data for thecircumstances to be proved in a criminal case. Taking into account the provisions of Articles 73 and 74 of theCriminal Procedure Code of the Russian Federation, the place and type of information received, using theseelectronic databases, in the evidence system in a criminal case, is determined. The conclusion is substantiatedthat the list of compositions (articles) of the Criminal Code of the Russian Federation, according to which itis possible to apply confiscation by a conviction of a court, is practically unlimited, and, to be more precise,is limited only to the list of articles of the Special Part of the said code.

scholarly journals Subject and limits of examination evidence in the proceedings of the criminal case in the court of first instance

2020 ◽  
Vol 6 (3) ◽  
pp. 186-195
Author(s):  
Ilya N. Yefimovykh
Keyword(s):  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Court Proceedings ◽  
Court Of First Instance ◽  
Special Order

The article analyzes the norms of the criminal procedure law, the opinions of scientists, judicial practice materials related to the examination of evidence in criminal proceedings in the court of first instance, on the basis of which the author proposed definitions of the notions subject of examination evidence and limits of examination evidence they were compared with the concepts of subject of proof and limits of proof. The study used such research methods as logical, system-structural, statistical. As a result of a study of specific court decisions in criminal cases, differences in the understanding of evidence and the examination of evidence were revealed. A distinction has been made between the subject and the object of the study of evidence at the court hearing. The question of determining the subject matter and the limits of the examination of evidence was analyzed, including with regard to the consideration of the criminal case in a special order of judicial decision of the court, with the consent of the accused with the accusation. The rationale for the view that the examination of evidence takes place during the examination of a criminal case under a special court procedure is given, the circumstances that can be established during the court session, namely, the circumstances that may lead to exemption from punishment, as well as the postponement are analyzed. serving the sentence. These circumstances, if any, are mandatory to be established in court proceedings through the examination of evidence. According to the results of the analysis, proposed measures to improve the norms of the criminal procedure law governing the consideration of the criminal case in a special order of the trial. The question of the scope of the examination of evidence was considered in conjunction with the norms of the criminal procedure law, which established the grounds for the return of the criminal case to the prosecutor.

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.

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.

scholarly journals Evidence and Decision – Making at the Initiation Stage Criminal Cases of Economic Crimes

2020 ◽  
Vol 16 (1) ◽  
pp. 69-76
Author(s):  
Alexander F. Lubin ◽  
Sergey A. Lubin
Keyword(s):  
Economic Crime ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Initial Stage ◽  
The Subject ◽  
Initiation Stage ◽  
Procedural Decisions ◽  
Economic Crimes ◽  
Selection Of

This article is devoted to the initial stage of criminal proceedings – the initiation of criminal proceedings on the grounds of an economic crime. This stage does not boil down to the formal act of issuing the relevant resolution, but includes the subject and procedures for proving the so-called pre-investigation check. Moreover, according to the current legislation, the appointment and production of forensic examinations, the selection of samples for a comparative study, etc. are legal during this period. Such verification may result in a system of evidence to make an informed criminal procedural decision to initiate a criminal case or evidence for a preventive response to signs of an economic crime. The authors focus on some debatable issues of the criminal procedural status of the leading subject of the criminal case – the investigator (interrogator). This raises the acute problem of the gap between the functions of proving and making criminal procedural decisions.

scholarly journals Concerning the determination of the period of familiarization with the materials of the criminal case

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 434-452
Author(s):  
Alla V. Vereshhagina ◽  
Keyword(s):  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Irkutsk Region ◽  
Scientific Papers ◽  
Criminal Procedure Law ◽  
Procedural Rights ◽  
Initial Research

Despite the variety of proposals to improve the completion of the preliminary investigation, they are mainly palliative. This is due that researchers count this institute is aprioristic. The article is devoted to only one element of the Institute — the establishment of the period of familiarization with the materials of the criminal case by the court. The initial research hypothesis was the assumption of abuse of procedural rights by participants in criminal proceedings when familiarizing themselves with the materials of the criminal case by retardation the procedure. The article analyses the judicial practice has confirmed this assumption. The analysis also revealed some peculiarities of law application in different regions, which are not essential. In addition, the study of court decisions, combined with an analysis of the existing norms, revealed a number of defects in the criminal procedure law, which nullify such procedural guarantees as the appeal of the court decision on the setting the deadline of familiarization with the materials of the criminal case and arraignment. The author came to the conclusion that it is necessary to radically modernize the procedure for the completion of criminal proceedings with the preparation of an indictment, since the available regulation creates the prerequisites for the falsification of evidence by both parties and does not contribute to the justice. The methodological basis of the research is the General philosophical principles of cognition of comprehensiveness, objectivity, pluralism, as well as specifically sociological, formal-logical and comparative methods of cognition. The during research was studied the works of T. Volchetski, A. Grinenko, S. Gubin, T. Riabinini, V. Strukova and others, were used 13 scientific papers. The empirical basis of the work is 150 appeals (cassation) decisions of the courts of the Irkutsk region and Primorsky and Khabarovsk territories for the period 2011–2017.

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