Suspension of criminal proceedings: concept, features and grounds

Автор: Mikhailova T.N., Vastyanova O.D., Divaev A.B.

Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz

Рубрика: Уголовно-правовые науки

Статья в выпуске: 2 (34), 2025 года.

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The institute of suspension of criminal proceedings has gone a long way of development in the criminal procedural law of Russia. In the science of criminal procedure the legal category “suspension of criminal proceedings” is considered in the framework of various doctrinal approaches, which allowed to form its own author's definition and identify specific features of this legal phenomenon. At present, this institution is represented by a unified system of legal norms aimed at resolving issues related to the temporary interruption of the production of procedural actions in a criminal case, both in pre-trial and judicial proceedings. Legal analysis of the norms of the CPC of the RF, which constitute the core of the institution of suspension of proceedings in a case, allows us to conclude that today within the framework of criminal proceedings there are six independent grounds for taking this procedural decision. The grounds for suspension of proceedings, with regard to the stage of preliminary investigation, are presented by the legislator in article 208 of the CPC RF, the stage of preparation of the case for trial - in article 238 of the CPC RF and, finally, the stage of trial - in article 253 of the CPC RF.

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Suspension of proceedings, criminal case, suspect, accused, defendant, grounds for suspension

Короткий адрес: https://sciup.org/143184972

IDR: 143184972   |   УДК: 343.17