Dikarev I.S., Baymanov S.S. The Forms of Criminal Prosecution
DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.25
Ilya S. Dikarev, Doctor of Sciences (Jurisprudence), Associate Professor, Director of the Institute of Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4178-744X
Sailaubek S. Baymanov, Candidate of Sciences (Philosophy), Associate Professor, Senior Lecturer, Department of Criminal Procedure, Military University of the Ministry of Defense of the Russian Federation, Bolshaya Sadovaya St, 14, 125047 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-8740-7772
Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.
Key words: criminal prosecution, suspicion, accusation, conviction, fact in issue.
Citation. Dikarev I.S., Baymanov S.S. The Forms of Criminal Prosecution. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 3, pp. 167-175. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.25
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