Prosecutor’s participation in appeal and cassation proceedings in criminal proceedings: problems of theory and legislation, ways to eliminate them

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In this article, the author examines the institution of the prosecutor's participation in the consideration of criminal cases by the courts of appeal and cassation. Having analyzed the provisions of the Criminal Procedure Code of the Russian Federation, the Federal Law "On the Prosecutor's Office of the Russian Federation", as well as the Order of the Prosecutor General's Office of the Russian Federation № 465, devoted to the regulation of the prosecutor's participation in the judicial stages of the criminal process, we came to the conclusion that there are a number of significant problems in the legislative regulation of this legal institution. We also proposed recommendations on amendments to the legislation in order to correct gaps and conflicts.

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Prosecutor, appellate instance, cassation instance, representation, protest of the prosecutor, specialized prosecutor's office, withdrawal of the prosecutor's representation

Короткий адрес: https://sciup.org/170205267

IDR: 170205267   |   DOI: 10.24412/2500-1000-2024-5-4-269-272

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