The initial stage if criminal proceeding: searching for optimal model

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The article is devoted to the methodological issues of searching for optimal model of reforming the pre-trial proceeding in criminal cases in the Russian Federation. The initial stage of criminal proceeding is considered in three aspects: the legal nature of the activity carried out at the stage of bringing a criminal proceeding is analyzed; the purpose and objectives of this activity are examined; the problem of inconsistency of the means of verifying crime reports established in the criminal procedural law to the actual tasks of the stage is defined. As a conclusion, a one-step model of pre-trial proceeding consisting of two stages is suggested. The first - the establishment of signs of a crime - occurs in the cases when there is no information about the suspect in the crime report. The second - criminal prosecution - begins from the moment when a certain person is given the status of a suspect; at this stage, it is possible to apply the full range of procedural enforcement measures.

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Bringing a criminal proceeding, preliminary inquiry, pre-trial proceeding, procedural enforcement measures, criminal prosecution

Короткий адрес: https://sciup.org/140250113

IDR: 140250113

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