Differentiation of the criminal procedural form of proceedings in the court of first instance
Автор: Tkacheva N.V.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовное право и процесс
Статья в выпуске: 2 (37), 2023 года.
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The article examines the unity and differentiation of the criminal procedural form of proceedings with a special procedure for judicial proceedings: the adoption of a court decision with the consent of the accused with the charge brought against him, the adoption of a court decision when concluding a pre-trial cooperation agreement. The purposes, tasks and features of the conditions of production in the court of first instance are analyzed in accordance with the differentiation of its criminal procedural form. It is established that differentiation makes it possible to carry out proceedings by different instances consistently and interconnected, at the same time, proceedings in the court of first instance can be carried out through a variety of its criminal procedural form. The conclusion is formulated that if there are features of special procedures of proceedings in the court of first instance, they aim to resolve a social conflict in the form of a criminal dispute, which coincides with the purpose of proceedings in the court of first instance. The idea is substantiated that these proceedings are not simplified, since there are additional conditions necessary for their implementation, the observance of which is entrusted to the court, which makes it possible to balance the types of proceedings, maintaining a balance between their unity and differentiation.
Proceedings in the court of first instance, differentiation of the criminal procedural form, special procedure, agreement with the indictment, pretrial cooperation agreement
Короткий адрес: https://sciup.org/14127108
IDR: 14127108 | DOI: 10.47475/2311-696X-2023-10215