On the unity of the prosecutor’s office’s position in the judicial stages of the criminal process
Автор: Petrov A.V.
Журнал: Вестник Южно-Уральского государственного университета. Серия: Право @vestnik-susu-law
Рубрика: Уголовно-правовые науки
Статья в выпуске: 2 т.25, 2025 года.
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Unity as a principle of the organization of the prosecutor's office does not always apply to the positions of prosecutors on the nature of the charge and the type and amount of punishment expressed by them during the consideration of a criminal case in court and during subsequent appeals against the verdict in the appellate and cassation instances. What are the mechanisms for developing a unified position of prosecutors with the individuality of the inner beliefs of each of them, and is it necessary to unify the positions? Based on the analysis of judicial practice and the positions of the Constitutional Court of the Russian Federation, it is concluded that prosecutors have the right to disagree with the position of other prosecutors, including by making appeals and cassation submissions, based on the fact that correcting judicial errors and passing sentences, their legality and fairness are the main purpose of verification proceedings in criminal proceedings.
Powers of the prosecutor, refusal to charge, unity of positions, appeal and cassation representation
Короткий адрес: https://sciup.org/147251175
IDR: 147251175 | DOI: 10.14529/law250204