Procedural role of the prosecutor in court of original jurisdiction and court of appeal in criminal cases

Автор: Samarkina Yulia E.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 2, 2023 года.

Бесплатный доступ

The article examines the jurisdictional basis for the prosecutor's participation in the court of Court of Original Jurisdiction and Court of Appeal due to criminal cases under conditions of the adversarial system of criminal proceedings. The author reveals the legal nature, essence and differences between the participation of the prosecutor in the judicial stages of criminal proceedings. The key legislative, conceptual and practical challenges in the implementation of the prosecutor's right to waive prosecution in the Court of Appeal, which acts as an exclusive jurisdiction of the prosecutor, revealing the essence of his procedural participation at the stage of court proceedings, are analyzed. Scientific approaches to the problem of the prosecutor's waiver of prosecution at the appeal stage are explored. The possibility for the prosecutor to drop the charges in the Court of Appeal is justified. In conclusion, proposals for amendments to criminal procedure legislation are presented.

Еще

Criminal proceedings, prosecutor, prosecution, public prosecutor, court of original jurisdiction, court of appeal, waiver of prosecution

Короткий адрес: https://sciup.org/149142141

IDR: 149142141   |   DOI: 10.24158/tipor.2023.2.21

Статья научная