On the essence and content of the stay of proceedings in criminal trials in Russia

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Both ambiguous viewpoints of the Russian criminal procedural doctrine regarding the essence and legal consequences of the stay of criminal proceedings, and negative conflicts in court and investigative practice caused by the duality or uncertainty of the basic legal instructions regarding conditions and procedure for making and implementation of a decision about stay of proceedings are considered in the article. The author analyzes the main conflicts related to the correct fixing and calculation of time limits for application of procedural coercion measures in a stayed criminal case, ban on other procedural actions in this situation, with new grounds for temporary stay of proceedings. Some relevant proposals and recommendations regarding given issues are made in the article.

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Temporary, forced interruption of proceedings, grounds for stay of proceedings, duration of procedural coercion measures, temporary placement of the accused in a medical hospital for psychiatry first aid as grounds for stay of proceedings

Короткий адрес: https://sciup.org/140301939

IDR: 140301939   |   DOI: 10.51980/2542-1735_2023_2_210

Статья научная