Transformation of the criminal process for the implementation of the concept of trust
Автор: Shaidullina V.K., Kyrlan M.G.
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Право
Статья в выпуске: 7, 2023 года.
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The article deals with the problem of the application of criminal sanctions to business entities. The author notes the need in modern business for existing mechanisms to get out of punitive situations within the framework of unjustified criminal prosecution. The statistics of acquittals is considered, on the basis of which the tendency of judicial practice - accusatory bias - is determined. It is deemed that currently there are high rates of satisfaction of investigators’ petitions for detention in custody. In this regard, the author raises the problem of insufficient protection of the freedoms and rights of the accused. Review of the current law enforcement practice shows that judges often duplicate the conviction, not taking into account the arguments of the defendant and the defense. In order to reduce the criminal law risks of doing business, the article offers a list of measures aimed at eliminating the accusatory bias and the transition to a mutually beneficial relationship of trust in terms of security.
Criminal law, criminal liability, entrepreneurship, individual entrepreneurs, conviction bias, court verdict, preventive measures, preliminary investigation bodies
Короткий адрес: https://sciup.org/149143300
IDR: 149143300 | DOI: 10.24158/tipor.2023.7.38