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.

Using knowledge in the field of psychology in criminal proceedings involving persons who use narcotic drugs and psychotropic substances

2020 ◽  
Vol 5 (4) ◽  
pp. 112-126
Author(s):  
Evgeniya Samolaeva ◽  
Tat'yana Borodkina
Keyword(s):  
Criminal Behavior ◽  
Drug Users ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Judicial Practice ◽  
Self Harm ◽  
Drug Dependent ◽  
Illicit Trafficking ◽  
Narcotic Drugs

The purpose of the article is analyze of the study by the investigator (inquirer) of the psychological characteristics of individuals who use narcotic drugs and psychotropic substances, in order to use this information to improve the effectiveness of crime investigation. Given that the investigator often does not possess expertise on the effects of narcotic drugs and psychotropic substances, and the information taken from other sources, in particular, of professional experience related to the participation of drug users in the criminal case in one way or another procedural status (witness, suspect), they need some guidance during the work with this category of persons. The authors highlight the main directions of the investigator's work in criminal cases related to illicit trafficking of narcotic drugs and psychotropic substances. In the course of research of investigative and judicial practice in criminal cases, comparative analysis, a systematic approach, subject-object and dialectical methods are used. The conclusions of the study can be used by the investigator (inquirer) as a recommendation, more actively involve specialists in the field of psychiatry, drug addiction, psychology in the production of investigative actions; carefully analyze the condition of persons involved in the investigation, including minors who use narcotic drugs and are involved in criminal proceedings; prevent and suppress torture and self-harm, as well as the Commission of new crimes by interfering in the process of forming criminal behavior of a drug-dependent person.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

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.

scholarly journals ANALYSIS OF TYPICAL ERRONEOUS DECISIONS OF THE COURT WHEN THE SENTENCE

2021 ◽  
Vol 37 (1) ◽  
pp. 117-122
Author(s):  
E.V. Bykadorova ◽  
◽  
N.V. Manilkin ◽  
N.V. Boldyrev ◽  
◽  
...  
Keyword(s):  
Final Part ◽  
Criminal Case ◽  
Crime Statistics ◽  
Guilty Verdict ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Moment ◽  
Court Of First Instance

The article analyzes the judicial practice, statistics and typical errors that arise when passing a sentence by a court of first instance, which led to the acquittal of a person who committed a crime; statistics of consideration of criminal cases by the courts of first instance; criteria for sentencing by the courts of first instance; analyzes the stages of the trial; examines the main points of correction of pre-trial proceedings in a criminal case; considers the list of grounds for ruling an acquittal; the structure and content of the sentence, the moment of absence of defense arguments in the sentence – by the appeal and cassation courts; the stages of cassation; the grounds for a guilty verdict; the procedural function of the court and the function of resolving a criminal case; the analysis in the final part of the article.

Crimes in the field of illicit trafficking in narcotic drugs, psychotropic, potent and poisonous substances: topical issues of criminal liability

2021 ◽  
pp. 704-715
Author(s):  
Dmitriy V. Bondarev
Keyword(s):  
Final Stage ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Psychotropic Substances ◽  
Illicit Trafficking ◽  
Narcotic Drugs

We consider current issues related to the prosecution of persons guilty of committing crimes in the field of illegal circulation of narcotic drugs, psychotropic, potent and poisonous substances. We analyze the problematic moments that arise at the final stage of the investigation of criminal cases of this category, in particular, upon notification of the end of the preliminary investigation and at the stage of familiarization with the materials of the criminal case on crimes related to the illegal circulation of narcotic drugs and psychotropic substances. We pay attention to the gaps in modern legislation in the area under consideration, we have made suggestions for its im-provement.

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.

FEATURES OF MORAL HARM RESEARCH IN CRIMINAL PROCESS

2017 ◽  
Vol 17 ◽  
pp. 401-406
Author(s):  
M. O. Zhuravleva
Keyword(s):  
Psychological Trauma ◽  
Psychological Research ◽  
Criminal Code ◽  
Close Relative ◽  
Criminal Proceedings ◽  
Psychological Examination ◽  
Procedural Code ◽  
The Moment ◽  
Definition Of

The paper considers contradictions which arise after entering amendments in 2014 into article 242 of the Criminal Procedural Code of Ukraine, in which an obligatory appointment of psychological examination for the determination of moral harm amount in criminal trial is allocated. The thought on inexpediency of appointment of the person moral sufferings examination within the limits of criminal proceedings on the basis ofsuch positions is subtatiated: 1) before pronouncement of a court sentence on criminal proceedings a person’s guilt is not proved, in this case forensic psychological examination will be based on not proved premise - possibility of guilt which conflicts to an innocence presumption according to the Criminal Code of Ukraine. The expert conclusion is one of procedural sources ofproofs. Carrying out forensic psychological examination of moral harm within criminal proceedings, the expert, being based on the inadmissible assumption of guilty, creates the proof; 2) if the question of moral sufferings presence is considered within criminal proceedings, the fact of absence of the claimantfault has to be established by the court along with definition of the respondent fault degree; 3) pronouncement of a court sentence with definition of the parties guilty degree is an important point for definitive qualitative and quantitative formalizing moral sufferings. At the stage «before a sentence» the psychological trauma has not been yet led to the fullforming ofmoral sufferings, therefore during carrying out psychological research on the materials of criminal proceedings the amount of compensation should be defined only as "a preliminary"; 4) for the determination of the depth and heaviness of the person’s sufferings a psychologist needs to conduct a research only in 1 yearfrom the moment of injuring events (the person should go through stages of distress after losing close relative, to be treated and feel consequences at health damage).

scholarly journals Problems of qualification of crimes committed in the sphere of cryptocurrency turnover

2019 ◽  
pp. 125-131
Author(s):  
Madina Dolgieva
Keyword(s):  
Criminal Code ◽  
Psychotropic Substances ◽  
Fiat Money ◽  
Judicial Practice ◽  
Form Part ◽  
The Subject ◽  
The Russian Federation ◽  
Goals And Objectives ◽  
Cost Characteristics ◽  
Narcotic Drugs

The article is devoted to the problems of qualification of various types of theft of cryptocurrency, theft of funds committed using cryptocurrency. The article deals with crimes related to the illegal sale of drugs for cryptocurrency and raises the question of the absence in the act of the offense under article 1741 of the Criminal code of the Russian Federation. The author studies the concepts of cryptocurrency and property within the framework of existing scientific opinions and analyzes the versatile judicial practice, which, in particular, tends to classify cryptocurrencies as types of property. The goals and objectives of the study are to determine the range of features and properties of the objects of crimes committed with the use of cryptocurrency, as well as committed against the cryptocurrency as an object of infringement. In the preparation of the article, mainly formal logical methods were used, as a result of which the author analyzes social and legal phenomena. The author concludes that the main feature of the evaluation of the object of crimes in sphere of circulation of cryptocurrency, is the presence of his property and cost characteristics, the possibility of determining the damage for the proper qualification of the offense. It is concluded that cryptocurrency may be the subject of corruption offenses on the basis of scientifically substantiated opinions about the presence of the paid nature of the benefit provided by the cryptocurrency. It is argued that the actions associated with the sale of narcotic drugs and psychotropic substances for cryptocurrency and subsequent actions to transfer cryptocurrency to Fiat money do not form part of the crime providing for liability for the legalization of proceeds from crime.

scholarly journals Conditional early release from punishment: the interpretation of the terms of application

2021 ◽  
Vol 5 (2) ◽  
pp. 185-191
Author(s):  
A. O. Beketov ◽  
K. N. Karpov ◽  
E. V. Stebeneva
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
Psychotropic Substances ◽  
Sufficient Degree ◽  
Scientific Results ◽  
The Moment ◽  
The Right ◽  
Narcotic Drugs

The subject of the research is the public relations governing the serving of the sentence by the convicted person and the exercise of the right to parole.The purpose of the article is to determine the content and formulate proposals for improving the criminal legislation and the practice of its application on the basis of established approaches to the interpretation of the conditions for the application of parole, provided for in Art. 79 of the Criminal Code of the Russian Federation. The hypothesis of the research is the legislative wording of the conditions for the application of parole, provided for by Russian Criminal Code (paragraph "g" of Part 3 of Art. 79) – “at least three-quarters of the sentence imposed for crimes against the sexual inviolability of minors, as well as for grave and especially grave crimes related to the illegal circulation of narcotic drugs, psychotropic substances and their precursors” – do not have a sufficient degree of specificity and does not allow to unambiguously determine the moment of emergence of the right to parole.The methodology. General scientific methods (analysis, synthesis, induction, deduction) as well as private scientific methods of criminal law research (formal-legal and linguistic interpretation of legal acts) – were used. The authors propose to correct the provisions of the Russian Criminal Code and to consolidate the content of the concepts used in the criminal law on the basis of the analysis of various normative legal acts, acts of judicial interpretation and provisions of the doctrine of criminal law.The main scientific results. During the analysis of the provisions of Part 3 of Art. 79 of the Russian Criminal Code, regulating the conditions for the application of parole, the authors reveal a number of inaccuracies in the provisions of the criminal law. Such inaccuracies do not allow to unambiguously determine the grounds for parole of persons who have com-mitted crimes against the sexual integrity of minors, as well as persons who have committed grave and especially grave crimes connected with the illegal circulation of narcotic drugs, psychotropic substances and their precursors. The content of the prescriptions of clause "g" of Part 3 of Art. 79 of the Russian Criminal Code does not have an exact legislative basis, and the interpretation given by the judicial authorities does not always allow us to exclude the uncertainty of the concepts used.Conclusions. The contradictions were identified by the authors related to the inaccuracy of the legislative prescriptions used in determining some conditions for the application of pa-role. The authors conclude the need to amend the criminal law and formulated proposals that clarify the wording of Art. 79 of the Russian Criminal Code. Such corrections will eliminate the duality of understanding of certain conditions of parole and increase the effectiveness of law enforcement practice in this area.

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.

Sign in / Sign up

Export Citation Format

Share Document