STEREOTYPES OF CORPORATE LEGAL AWARENESS IN THE CONTEXT OF CRIMINAL PROCEDURE INSTITUTIONS

Abstract

Membership of the professional community whose representatives carry out criminal procedure activities invariably influences the procedural behavior of specific participants in the proceedings and the decisions taken by them in criminal procedure. In this context, the author identifies and analyses certain stereotypes of corporate thinking and legal awareness of officials involved in criminal proceedings. Purpose: using the example of the implementation of specific criminal procedure institutions – a special sentencing procedure with the consent of the accused to the charge against him, reviewing criminal cases due to newly discovered or new circumstances, checking reports of crimes, maintaining public prosecution – to show how corporate affiliation of officials affects law enforcement. Methods: the author applies structural and system analysis and synthesis, historical analysis, specifically sociological, as well as the method of integrated observation. The main conclusion of the study is that the requirements of the criminal procedure law and legally significant circumstances of criminal cases, as the main objective factors determining the moment of adoption, the form and content of the criminal procedure decision, in practice often cease to be the main ones, since the decisions are taken largely on the basis of rules of professional conduct adopted by a particular state body.

Keywords

• criminal procedure
• criminal proceedings
• public prosecution
• special sentencing procedure with the consent to the charge
• review of criminal cases due to newly discovered or new circumstances
• maintenance of public prosecution
• professional legal awareness