Concerning the determination of the period of familiarization with the materials of the criminal case
DOI:
https://doi.org/10.21638/spbu25.2018.301Abstract
Despite the variety of proposals to improve the completion of the preliminary investigation, they are mainly palliative. This is due that researchers count this institute is aprioristic. The article is devoted to only one element of the Institute — the establishment of the period of familiarization with the materials of the criminal case by the court. The initial research hypothesis was the assumption of abuse of procedural rights by participants in criminal proceedings when familiarizing themselves with the materials of the criminal case by retardation the procedure. The article analyses the judicial practice has confirmed this assumption. The analysis also revealed some peculiarities of law application in different regions, which are not essential. In addition, the study of court decisions, combined with an analysis of the existing norms, revealed a number of defects in the criminal procedure law, which nullify such procedural guarantees as the appeal of the court decision on the setting the deadline of familiarization with the materials of the criminal case and arraignment. The author came to the conclusion that it is necessary to radically modernize the procedure for the completion of criminal proceedings with the preparation of an indictment, since the available regulation creates the prerequisites for the falsification of evidence by both parties and does not contribute to the justice. The methodological basis of the research is the General philosophical principles of cognition of comprehensiveness, objectivity, pluralism, as well as specifically sociological, formal-logical and comparative methods of cognition. The during research was studied the works of T. Volchetski, A. Grinenko, S. Gubin, T. Riabinini, V. Strukova and others, were used 13 scientific papers. The empirical basis of the work is 150 appeals (cassation) decisions of the courts of the Irkutsk region and Primorsky and Khabarovsk territories for the period 2011–2017.
Keywords:
criminal procedure, preliminary investigation, indictment, completion of criminal proceedings, establishment of the period of familiarization with the materials of the criminal case, complaint, submission, procedural term, abuse of procedural rights, lawyer ethics
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References
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