Kruglikov A.P. The Differentiation of Criminal Proceedings and Criminal Liability

DOI: https://doi.org/10.15688/lc.jvolsu.2017.3.5

Anatoliy P. Kruglikov, Candidate of Juridical Sciences, Professor, Department of Criminal Procedure and Criminalistics, Volgograd State University, Honored Worker of Higher Professional Education of the Russian Federation, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation,  This email address is being protected from spambots. You need JavaScript enabled to view it.  

Introduction: the Criminal and Criminal Procedure Codes of the Russian Federation provide for the duties whose violation is subject to criminal or criminal procedure liability. The author examines some issues of the nature and problems of the differentiation of criminal and criminal procedure liability where the scientific practitioners have different opinions. Results: in this article there is no need to dwell on the analysis of the debate on the issues of differentiating the responsibility in criminal law and criminal procedure. The author discusses and analyses the question of the impact of differentiating criminal proceedings on criminal liability. A brief legal description of certain types of differentiating criminal proceedings is presented. Conclusions: there is no doubt that the criminal procedure differentiation in some cases significantly affects the criminal liability, and not always correctly. The results of the study can be used in the improvement of the criminal procedure legislation and judicial and investigative practice.

Key words: differentiation of liability, criminal liability, differentiation of criminal proceedings, criminal procedure legislation, judicial and investigative practice.

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