Assessment of the road accident conviction

Автор: Ragulin Andrey Viktorovich, Yaroshik Oleg Dmitrievich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Обмен опытом

Статья в выпуске: 6 (43), 2019 года.

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Purpose: Study on the lack of legality in modern criminal proceedings. Methodology: Legal and formal-legal methods were used. Results: The article sets out the reasoned arguments of the defence before the Court of Appeal in the criminal case of a road traffic accident. The features and shortcomings of today ‘s investigation and consideration of the case by the court of first instance are described. Attention is drawn to the need for integrity of the investigator in clarifying the circumstances that are the subject of proof. Need of the completeness and objectivity of investigation and consideration of criminal case qualified technical (expert) and on its basis of reasonable legal (legal) treatment of circumstances of road accident, appropriate check of motivated arguments of the defendant and his protection in the conditions of only the competitiveness declared by the criminal procedure law and equality of participants is emphasized. The importance of the principles of the Code of Criminal Procedure of the Russian Federation, and above all the right to protection, which are ignored in modern criminal proceedings, is indicated. Novelty/originality/value: The article, which is of serious practical importance, justifies the need for unconditional observance of the tasks and principles of road traffic accident proceedings.

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Legality, proof, interests of the prosecution, norm of law, formula of guilt, assessment, contradictions, initial data, auto-technical and road expertise

Короткий адрес: https://sciup.org/140249665

IDR: 140249665

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