Final procedural decisions taken in the absence of the accused
Автор: Popova I.P.
Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz
Статья в выпуске: 3 (31), 2024 года.
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The author analyzes various legal situations in the article when final procedural decisions are made in the absence of the accused, their classification is given when the accused is absent temporarily or permanently. The article examines the differences between the trial in absentia and the temporary absence of the defendant from the trial. Special attention is paid to the analysis of the key problems of proceedings against the deceased and the adoption of final procedural decisions during various stages of criminal proceedings. The conclusions are formulated that the analogy of the law in proceedings in absentia is not applicable in proceedings against the deceased, since these proceedings differ in goals, the range of subjects of these criminal procedural relations and the final procedural decisions adopted as a result. The problems of the prejudice of the final procedural decisions taken in the absence of the accused are identified and the conclusion is formulated about the lack of proper access to the mechanisms of justice of the victim.
Absentee proceedings, proceedings against the deceased, sentence in absentia, final procedural decisions, procedural decisions, sentence, decision to terminate the criminal case, removal of the defendant from the courtroom
Короткий адрес: https://sciup.org/143183377
IDR: 143183377 | DOI: 10.55001/2587-9820.2024.96.22.021