About the meaning of the act of attracting a person as an accused
Автор: Lavdarenko Lyudmila I., Plesneva Lyudmila P.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовно-правовые науки
Статья в выпуске: 4 (103), 2022 года.
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The article explores the concept, the essence of the investigative charge, including the activity of putting forward an accusatory thesis and a procedural decision in the form of a resolution containing an accusatory thesis; shows the significance of the act of bringing a person as an accused in domestic criminal proceedings; the relationship of the investigative charge with the institution of criminal prosecution, suspicion. The need to study the investigative charge is due to the fact that in the context of the problem of procedural economy and simplification, the question of its significance and preservation in Russian pre-trial proceedings acquires a conceptual character. Materials and methods: legal sources and special literature are investigated. The methodological basis of the research is the general dialectical method of cognition. Logical, systematic research methods, as well as methods of linguistic analysis, description and generalization were also used. The results of the study: conclusions are drawn about the essence and significance of the act of bringing a person as an accused in the domestic criminal justice system both from the standpoint of ensuring the principle of inevitability of criminal responsibility, and the presumption of innocence, guarantees of the rights of a person brought to criminal responsibility; about the advantages of investigative charges over reasonable suspicion; Findings and Conclusion: in Russian criminal proceedings, an investigative charge (a procedure for involving a person as an accused) is an institutional (organic) act of a mixed type of criminal proceedings. Сonclusions are drawn about the need to preserve the act of bringing a person as an accused in Russian criminal proceedings.
Accusation, law enforcement act, pre-trial proceedings, reasonable suspicion
Короткий адрес: https://sciup.org/143179616
IDR: 143179616 | DOI: 10.55001/2312-3184.2022.23.28.018