Some problems of the prosecutor changing the charges in the trial
Автор: Samokaeva V.V.
Журнал: Международный журнал гуманитарных и естественных наук @intjournal
Рубрика: Юридические науки
Статья в выпуске: 11-3 (98), 2024 года.
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The article is devoted to the analysis of the legal status of the public prosecutor in the context of his right to change the charge in the judicial process. It is noted that there is no clear legal regulation of this institution, including the process of registration of motives for changing the charge, which creates practical difficulties, and also raises doubts about the prohibition on changing the charge towards worsening the situation of the defendant, which, according to the author, does not always correspond to the interests of justice and may lead to a delay in the trial. Among other things, the problem is being investigated when it is advisable to raise the issue of changing the charge.
Changing the charge, the prosecutor, the public prosecutor, the motives for the change, the procedural document, the "mitigation" of the charge, the qualification of the act as more serious, retraining
Короткий адрес: https://sciup.org/170208335
IDR: 170208335 | DOI: 10.24412/2500-1000-2024-11-3-148-150