Prohibition of turning for the worse as a component of the principle of accusation in criminal proceedings

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The principle of accusation is not included in the list of principles of criminal procedure contained in Chapter 2 of the Criminal Procedure Code of the Russian Federation. However, along with the principle of publicity, it exists and is normatively enshrined in Articles 14, 15, 246, 252 of the Code of Criminal Procedure of the Russian Federation. The prohibition of turning for the worse is an integral part of this principle and is valid in all judicial stages. The main rule of this prohibition and exemption from it is due to the general criminal procedural form of modern Russian criminal proceedings. The mechanism for the return by the court of a criminal case of a prosecutor from one or another judicial stage is the most striking manifestation of the principle of accusation and prohibition of turning for the worse in a mixed process, where the procedure for bringing charges is investigative.

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Principle, accusation, prohibition of turning for the worse, criminal procedure, court

Короткий адрес: https://sciup.org/147239507

IDR: 147239507   |   DOI: 10.14529/law220401

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