Сибирское юридическое обозрение (Sep 2022)
Some Issues of Terminating a Criminal Case
Abstract
This publication continues the experience of covering the work of the Scientific and Methodological Council under the Prosecutor of the Omsk Region, among the main tasks of which remains the development and discussion, together with representatives of legal science, of sound recommendations on problematic issues of prosecutorial supervision, legislation and law enforcement practice, legal advisory opinions on issues arising in prosecutorial practice. In this regard, the article proposes to discuss certain topical problems of law enforcement practice raised at one of the last meetings of the Scientific and Methodological Council under the Prosecutor of the Omsk Region. Thus, based on a systematic analysis of errors in the implementation of the institution of a judicial fine, it is proposed to provide prosecutors with systematic supervision over compliance with the requirements of the law when it is applied, which requires a more thorough study of criminal cases, as well as a proper initiative to establish the circumstances associated with the application of a judicial fine, and timely challenging unfounded court decisions. In addition, the practice of law enforcement highlights the fundamental problem of a unified interpretation of the grounds for terminating a criminal case (criminal prosecution) against a person who has committed an act prohibited by criminal law in a state of insanity. Based on the analysis of legal situations and various approaches to their resolution, the article argues for the need to make a decision on the studied criminal cases on the grounds of paragraph 4 of part 1 of Art. 24 of the Criminal Procedure Code of the Russian Federation in connection with the death of a person involved in criminal proceedings. In other similar situations, but related to the criminal prosecution of these persons, the decision must be made taking into account the specific circumstances of the criminal case.
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