Why it is "disadvantageous" to be innocent at the preliminary investigation stage
Автор: Osipova Nadejda Vladimirovna
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Уголовное право и криминология. Уголовно-исполнительное право. Уголовный процесс
Статья в выпуске: 3 (41), 2015 года.
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The article discusses the relation between the procedural safeguards for persons acquitted on the verdict of the court, or against whom a criminal case is dismissed by the court, and persons in respect of whom there is an order for the termination of criminal prosecution on rehabilitating grounds at the stage of preliminary investigation. In the article we are talking about an imbalance of legal status of citizens against whom criminal prosecution has been terminated at the stage of pre-trial proceedings with other citizens in respect of whom the verdict of acquittal is taken by the court. Despite the fact that according legal consequences the verdict of acquittal and abolition at the pre-trial stage equally means that the state recognizes its legal error in prosecution, in the latter instance, citizens continue to be under threat of criminal prosecution, and that is a violation of their constitutional rights and freedoms.
The ruling on termination of criminal prosecution, rehabilitating grounds, head of the investigative body, constant threat of criminal prosecution
Короткий адрес: https://sciup.org/142232623
IDR: 142232623