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Samiulina Ya.V., Kuzovenkova Yu.A. On Some Problems of Change of Accusation by the Prosecutor in the Trial

DOI: https://doi.org/10.15688/jvolsu5.2016.3.17

Yana Valeryevna Samiulina
Candidate of Juridical Sciences, Associate Professor, Department of Criminal Procedure and Forensic Studies,
Samara Law Institute of the Federal Penitentiary Service of Russia
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Rylskaya St., 24 v, 443022 Samara, Russian Federation

Yuliya Alekseevna Kuzovenkova
Candidate of Juridical Sciences, Assistant Professor, Department of Criminal Procedure and Forensic Studies,
Samara National Research University named after academician S.P. Korolev
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Moskovskoe Pass., 34, 443086 Samara, Russian Federation


Abstract. The article analyzes the norms of criminal procedure legislation and current enforcement practices relating to changes in the scope and content of the charges. A situation in which the prosecutor modifies the accusation occurs quite often, and the reasons for changes can be different: a mistake in qualifying the acts of the defendant, the lack of evidence of episodes attributed to the defendant, and many others. The authors propose to include in the code the norms fixing the duty of the prosecutor to change the charges in writing, as in this case, their position has significance not only for the court, for which it is required, but also for other participants of the trial (especially for the accused and the victim) who need to know the reasons of the refusal or amendment charges.

Key words: prosecutor, function of prosecution, support of public prosecution in court, change in the volume and content of the charges, trial.

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