Rossinsky S.B. The Investigative Procedure for Bringing Charges in Criminal Proceedings: Causes of Occurrence
DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.2
Sergey B. Rossinsky, Doctor of Sciences (Jurisprudence), Associate Professor, Chief Researcher, Sector of Criminal Law, Criminal Procedure, and Criminology, Institute of State and Law of the Russian Academy of Sciences, Znamenka St, 10, 119019 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-3862-3188
Introduction. The reasonableness of the currently existing investigative procedure for lodging a criminal claim (bringing charges), subject to further consideration and resolution through justice, is one of the most controversial issues related to the criminal procedural regulation of the preliminary investigation. In this regard, the purpose of the paper is to identify the true reasons that predestined the granting investigators of the authority to make a decision on an indictment as a defendant and to draw up the indictment. Methods. The methodological framework for the work consists of general scientific (dialectical, systemic, structural-functional, logical, etc.) and specific scientific (formal-legal, comparative-legal, historical-legal, prognostic, etc.) research methods. The results of the study have made it possible to link the emergence of an investigative procedure for lodging a criminal claim with a negative assessment of the work of the pre-revolutionary prosecutor’s office, including the mechanisms of prosecutorial supervision of the preliminary investigation, by persons responsible for the formation of early Soviet criminal justice. Conclusions. The views and law-making positions expressed more than 100 years ago should contribute to resolving the issue of the expediency of the investigative procedure for bringing charges or the need to transfer such powers to the prosecutor.
Key words: charge, indictment, preliminary investigation, indictment as a defendant, criminal claim.
Citation. Rossinsky S.B. The Investigative Procedure for Bringing Charges in Criminal Proceedings: Causes of Occurrence. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 3, pp. 14-20. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.3.2
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