Fantrov P.P. Improving the Stage of Initiation of a Criminal Case
DOI: https://doi.org/10.15688/lc.jvolsu.2024.4.23
Pavel P. Fantrov, Candidate of Sciences (Politics), Senior Lecturer, Department of Procedural Law and Criminology, 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/0000-0002-9832-6169
Introduction: the problem of improving the stage of initiation of a criminal case is of particular scientific and practical importance. This aspect is the focus of research interest of both procedural scientists and practitioners in the field of criminal justice, which is due to the complex of determinants that are subject to detailed analysis within the framework of the study. The stage of initiation of a criminal case, acting as a kind of “procedural filter”, plays a key role in ensuring a balance between the protection of constitutional rights and freedoms of citizens and the effective investigation of crimes. The relevance of improving the considered stage is due to the following factors: the imperative to increase the effectiveness of the filtration function; the presence of conflicts related to the procedural status of some of its participants; the expediency of abolishing this stage of criminal proceedings. The purpose of the study is to develop and scientifically substantiate proposals for optimizing the statutory regulation of the stage of initiation of a criminal case in the context of the modern paradigm of Russian criminal proceedings. Research objectives: 1) to carry out a conceptual analysis and systematization of existing theoretical approaches to the problem of the expediency of maintaining or abolishing the stage of initiation of criminal proceedings as an autonomous stage of criminal proceedings; 2) to identify and describe fundamental legal conflicts determined by the uncertainty of the procedural status of individual subjects at the stage of initiation of criminal proceedings; 3) to develop scientifically reasoned recommendations for improving the legislation in the field of regulating the initial stage of criminal proceedings. Methods: the methodological framework for the research is formed by a complex of the general scientific (analysis, synthesis, analogy, comparison, etc.) and specific scientific (systemic, historical-legal, comparative law, logical-legal) methods. Results: the expediency of maintaining the first stage of criminal proceedings is substantiated since it performs the function of a “filter” that prevents unjustified criminal prosecution; despite its fundamental importance, the stage under consideration needs significant modernization; in particular, it is proposed to implement a number of new procedural categories in the Code of Criminal Procedure of the Russian Federation. Conclusions: the domestic legislator should initiate a comprehensive revision of the provisions of the Code of Criminal Procedure of the Russian Federation regulating the stage of initiation of a criminal case. The purpose of such an audit should be the formation of a coherent system of procedural statuses of participants in the criminal case initiation stage, which will minimize legal uncertainty and increase the level of legal protection of citizens. It is proposed to include a number of new articles in the Criminal Procedure Code of the Russian Federation: Article 46 “The person in respect of whom a crime report is being checked (suspected)”; Article 42 “Victim”; Article 56 “Eyewitness”.
Key words: initiation of a criminal case, suspect, victim, eyewitness, criminal process, pre-investigation check, procedural actions.
Citation. Fantrov P.P. Improving the Stage of Initiation of a Criminal Case. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 4, pp. 178-186. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.4.23
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