Change of subsumption after conviction

Introduction: the paper is devoted to the analysis of standards of the existing criminal procedure legislation regulating use of norms of the Criminal code of Russia in the course of criminal proceeding after removal of the first instance of a sentence by court. Materials and Methods: the integration of materials of published judiciary practice, as well as a method of comparative analysis of legal rules governing the ability to change qualification after the court verdict were applied. Results: the features of change of qualification in appeal and cassation manufacture and other postcoding stages in a criminal case are shown. The contradictions and insufficiency of the legal regulation of grounds for changing the verdict in the appellate and cassation criminal proceedings were revealed. Discussion and Conclusions: the change of qualification is a guarantee of the rights and legitimate interests of individuals in criminal proceedings. The correction of mistakes made by the court of first instance, aimed at achieving the goals of criminal justice and its purpose, specified in Аrticle 6 of the Code of criminal procedure.