Criminal case returning to the prosecutor for the change of charges: is the special order of criminal investigation necessary?

The paper is devoted to the application of Article 237 of the RF Criminal Procedure Code concerning the decision of the RF Constitutional Court issued in July 2, 2013, № 16-P. The author draws attention to some difficulties which may cause the foundations expansion for returning of the criminal case to the prosecutor. The author considers that requalification in the court for a defendant’s worse state is a more affective way for legislation changing.