The newness in the Russian criminal procedure legislation about the investigation of crimes after the expiration of the limitation period for criminal prosecution

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The article is devoted to the analysis of changes in the current criminal procedure legislation affecting the investigation of criminal cases in the usual manner in cases where the suspect (accused) refuses to terminate the case due to the expired statute of limitations, from the standpoint of their content and consistency with existing norms. The terms and envisaged legal decisions at the end of the investigation of the criminal cases under consideration were subjected to research. Particular attention is paid to the expected problems of their investigation in a limited time frame when an unfair line of conduct is chosen by the defense side. The author notes that at the legislative level, for the first time, a legal mechanism has been created for the protection of subjects subjected to criminal prosecution, which excludes the deprivation of their right to rehabilitation in pre-trial proceedings. Meanwhile, taking into account the introduced norms, the question of how the rights of the victim to compensate for the harm caused to him will be realized in a situation where the criminal case is terminated on a rehabilitating basis after a formal period after the expiration of the statute of limitations remains unresolved.

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Limitation period, investigation period, the institution of termination of a criminal case, the institution of rehabilitation, a reasonable period of criminal proceedings, competitiveness of the parties, violation of the right to defense

Короткий адрес: https://sciup.org/143181129

IDR: 143181129   |   DOI: 10.55001/2587-9820.2023.95.75.014

Статья научная