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Kerimov Sh.Sh. The Problems of Waiver From Accusation by Public Prosecutor

Kerimov Shamil Sharanievich

Postgraduate Student, Department of Criminal Procedure and Criminalistics, Volgograd State University

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Abstract. The article deals with the issues of approving judicial accusation by the prosecutor. The change of the public prosecutor's position with regard to the guiltiness of the defendant demands updating the accusatory thesis. This can be expressed in accusation change (if it does not worsen judgment on the defendant), and in waiver (full or partial) from accusation. Nowadays, the criminal procedure science actively discusses the issue of reasonability of preserving the policy of accusation waiver in criminal proceedings. The article analyzes various points of view on the obligation of accusation waiver for court. The author comes to the conclusion on the necessity of fixing in criminal procedure legislation the requirement on obligatory written notification about the waiver from accusation of the public prosecutor containing the motives of made decision.

Key words: approval of accusation, change of accusation in judicial proceedings, waiver from accusation, motives of waiver, rights of victim.

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