The stopping of the criminal proceedings with the release of criminal responsibility on the preporatory proceeding in Ukraine
Автор: Shmyndruk Olga Fedorovna
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 3 (16), 2015 года.
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Purpose: Research of conditions, grounds, procedure and purpose of the ending of the criminal proceedings with the release of criminal responsibility on the preparatory proceeding according to the Criminal Procedure Code of Ukraine. Methodology: Systematical structural-functional, formal-dogmatic methods were used. Results: In this article it is determined that the termination of criminal proceedings with exemption a person from criminal liability is a special form of proceedings in the trial court, which task is to solve the criminal proceedings on the merits, that is, the administration of justice, since the termination of criminal proceedings to the exemption from criminal liability the court must establish that the act actually took place that corresponds to the act of a criminal offense and that there are specific reasons for the person’s release from criminal liability provided by various articles of Common or Specific parts of the Criminal Code. It was found that the procedure of termination of criminal proceedings with the release of a person from criminal responsibility is regulated by the articles that are included in the section «Pre-trial investigation», as well as the rules laid down for trial in the court of first instance. It starts with the preparation of the production, after which the court passes to check the application for compliance with the rules of territorial jurisdiction, compliance with the law, as well as compliance with the order exempting a person from criminal responsibility. The court then proceeds directly to the consideration of the conditions and grounds for exempting a person from criminal responsibility. This procedure completes the production of the final adoption of a procedural decision - a ruling on termination of criminal proceedings and release the person from criminal responsibility, which at its core is an act of justice. Novelty/originality/value: Article possesses the high scientific value as is one of the first scientific articles in Ukraine which researches of conditions, grounds, procedure and purpose of the ending of the criminal proceedings with the release of criminal responsibility on the preparatory proceeding according to the valid Criminal Procedure Code of Ukraine.
Короткий адрес: https://sciup.org/14027801
IDR: 14027801