Problems of applying a special procedure of court proceedings

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The article systematizes the main problems of a special order of trial in criminal cases. It was found that there are provisions in the current legislation that, within the framework of a special procedure, allow us to investigate circumstances that characterize only the personality of the defendant and affect the mitigation/toughening of the sentence. The judge's analysis and evaluation of the evidence presented is not mandatory in sentencing. Moreover, there is no possibility to appeal the verdict due to the inconsistency of the conclusions formulated by the court with the actual circumstances of the case. These problematic issues do not allow us to implement the main goal of criminal proceedings and require prompt solutions.

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Special procedure of trial, criminal procedure, proof procedure, serious crimes, procedural guarantees of fair justice, pre-trial agreement, procedural economy

Короткий адрес: https://sciup.org/170187543

IDR: 170187543   |   DOI: 10.24411/2500-1000-2020-10383

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