Guilty pleas as a condition for the application of alternative measures in criminal proceedings

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The author examines the permissibility of using the category “guilty plea” as a condition for exemption from criminal liability on evaluative grounds. When a criminal case is terminated on non-rehabilitating grounds, the “guilt of the person” should be correlated with the “validity of the charge”. Analyzing judicial practice, the author substantiates that the determination of the guilt of the accused of committing a crime should not be included in the subject of consideration by the court when the criminal case is terminated on non-rehabilitating grounds. It is emphasized that the only procedural document that can establish the guilt of the accused in committing a crime is a sentence.

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Termination of a criminal case, exemption from criminal liability, guilty plea, incentive forms in criminal proceedings, alternative measures in criminal proceedings, final procedural decision

Короткий адрес: https://sciup.org/147239251

IDR: 147239251   |   DOI: 10.14529/law220408

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