Essence and significance of conviction of deceased Nazi’s for crimes not subject to statutory limitations

Cover Page

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription Access

Abstract

The article is devoted to the prerequisites of improving criminal procedure legislation in the Republic of Belarus which establishes the order of convicting deceased Nazi’s for crimes to which statutory limitations are not applicable. Based on the analyses of international and national legislation, the practice of investigating criminal cases of rehabilitation of Nazism and genocide of the Belarusian people during the Great Patriotic War the conclusion is drawn about the advisability of the court procedure for establishing guilt or innocence of persons accused of crimes against peace and humanity as well as war crimes to which statutory limitations are not applicable.

The idea is supported that the efficiency of adversariality in criminal procedure regarding deceased Nazi criminals is based on the balance of the legal status of the defense (a representative of the deceased person, his defense lawyer) and the prosecution (victims and their representatives, a public prosecutor) as well as on the completeness, objectiveness and comprehensiveness of the activities of the preliminary investigation agencies.

A decisive role of the court verdict in establishing legally significant facts of guilt or innocence of a deceased accused of committing crimes to which statutory limitations are not applicable is substantiated.

Full Text

Restricted Access

About the authors

Yuri F. Kamenetsky

Institute of the Investigative Committee of the Republic of Belarus

Author for correspondence.
Email: y.kamenecki@sledcom.by

PhD in Law, Associate Professor, Board Member of the International Union of Criminalists, Head, Chief Editor of the Preliminary Investigation Scientific and Practical Journal of the Investigative Committee of the Republic of Belarus

Belarus, Minsk

References

  1. Anuchina O. V. Ground and conditions for continuing criminal proceedings in case of death of a suspect (accused) // Social and Political Sciences. 2020. Vol. X. No. 2. Pp. 88–94 (in Russ.).
  2. Not subject to statutory limitations: on the occasion of the 60th anniversary of Nuremberg trials. M., 2006 (in Russ.).
  3. Bosalaeva O. V. On the issue of moral footing for criminal proceedings in case of death of the suspect (accused) // Issues of Economics and Legal Practice. 2018. No. 3. Pp. 259–262 (in Russ.).
  4. Gavrilidi N. G. Right to legal protection of honour, dignity and good name of the deceased suspect (accused), defendant as an element of the constitutional right to fair trial // Herald of Perm University. 2011. Iss. 3 (13). Pp. 17–22 (in Russ.).
  5. Zvyagintsev A. G. Nuremberg. Most important trial of humanity. M., 2016 (in Russ.).
  6. Zvyagintsev A. G. Nuremberg trials. M., 2022 (in Russ.).
  7. Zvyagintsev A. G. Nuremberg trials. Without “Top Secret” marking. M., 2010 (in Russ.).
  8. Korchagina L. I. Peculiarities of terminating criminal investigation of deceased persons (in the light of implementing the right to rehabilitation) // Herald of Moscow University of the Ministry of Internal Affairs of Russia. 2013. No. 5. Pp. 117–121 (in Russ.).
  9. Meshcheryakova Yu. O. Criminal proceedings with respect to the deceased: abstract … PhD in Law. Samara, 2018 (in Russ.).
  10. Patrusheva A. A. Criminal procedural legal relations arising in relation to the death of members of criminal proceedings: dis. … PhD in Law. Omsk, 2020 (in Russ.).
  11. Sabanin S. N., Grishin D. A. Certain issues of legislative regulation of special types of exemption from criminal responsibility // Legal science and law-enforcement practice. 2012. No. 2. Pp. 59–66 (in Russ.).
  12. Savenkov A. N. Nuremberg: Verdict for name of Peace. M., 2021. P. 10 (in Russ.).
  13. Trifonova K. A. Pre-trial criminal proceedings in relation to a deceased suspect or accused // Herald of Volgograd Academy of the Ministry of Internal Affairs of Russia. 2021. No. 3 (58). Pp. 195–203 (in Russ.).
  14. Criminal case of the executioner of Khatyn Katryuk will be considered by the Supreme Court. Available at: https://www.belta.by/society/view/ugolovnoe-delo-palacha-hatyni-katrjuka- budet-rassmatrivat-verhovnyj-sud-606229-2023/ (accessed: 20.12.2023).
  15. Khitrova O. V. Criminal proceedings for the purpose of rehabilitation of the deceased suspect or accused: the issues of legal regulation // Works of the Academy of Management of the Ministry of Internal Affairs of Russia. 2015. No. 4. Pp. 36–40 (in Russ.).
  16. Tsokolova O. I., Karpenko V. M. Pre-trial proceedings in respect of the deceased suspect (accused) // Herald of Moscow University of the Ministry of Internal Affairs of Russia. 2016. No. 4. Pp. 125–130 (in Russ.).
  17. Chernova S. S. Procedural consequences of the death of a member of criminal proceedings // Legal science and law-enforcement practice. 2017. No. 1. Pp. 110–119 (in Russ.).
  18. Chernova S. S. Death of a natural person against whom an administrative offence charge has been filed and the death of a suspect or an accused as grounds for terminating admini-strative proceedings or a criminal case (comparative analy-ses) // Herald of Tumen institute of advanced training of officers of the Ministry of Internal Affairs of Russia. 2014. No. 1. Pp. 106–108 (in Russ.).
  19. Shipunova O. V. Death of a person who committed a crime as ground for rejecting initiation of criminal proceedings // Legal science and law-enforcement practice. 2015. No. 2. Pp. 189–195 (in Russ.)

Copyright (c) 2024 Russian Academy of Sciences

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies