The idea of promotional compromise in the termination of criminal persecution and exemption from the criminal responsibility of the minor personnel with the application of forcedive measurement measures

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The article proposes an original approach explaining the obvious ideological nature of the existence in the Russian criminal process of an evidentiary compromise with a special procedure for stopping criminal prosecution and exempting a minor from criminal liability using coercive educational measures. The author rightly argues that in modern criminal proceedings there has been created a promising, at the same time, conflict-free criminal procedure form of resolving a criminal case on the merits. In particular, the legislator, with strict and strict observance of the principles of the criminal process, formed a special compromise and at the same time evidentiary procedure for the court to make a final decision on the criminal case in the form of termination of criminal prosecution and exemption from criminal liability of a minor with the use of compulsory educational measures.

The work concludes on the unconditional effectiveness of this compromise order, as well as the need to further improve such alternative evidentiary proceedings in order to promptly resolve the criminal case and implement the purpose of the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation.

作者简介

Alexander Markelov

Chuvash State University named after I.N. Ulyanova

编辑信件的主要联系方式.
Email: MarkelovAleksandr@yandex.ru

Associate Professor of the Department of Criminal Law Disciplines of the Law Faculty, PhD in Law, Associate Professor

俄罗斯联邦, Cheboksary

参考

  1. Andreev V.L. Directions for the implementation of criminal policy in the field of criminal law protection of the interests of the family and minors // Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia. No. 1(49). 2011. P. 71-75.
  2. Criminal Procedure Code of the Russian Federation: Federal Law of December 18, 2001 No. 174‒FZ (as amended by Federal Law of December 27, 2018 No. 552‒FZ) // Collection of Legislation of the Russian Federation. 2001. No. 52(part 1), art. 4921.
  3. Criminal Code of the Russian Federation: Federal Law of June 13, 1996 No. 63-FZ (as amended by Federal Law of December 27, 2018 No. 569-FZ) // Collected Legislation of the Russian Federation. 1996. No. 25. Art. 2954.
  4. Federal Law of 8 December 2003 No. 161‒FZ “On bringing the Criminal Procedure Code of the Russian Federation and other legislative acts into conformity with the Federal Law “On introducing changes and amendments to the Criminal Code of the Russian Federation” // Collected Legislation of the Russian Federation of December 15, 2003, No. 50, art. 4847.
  5. Federal Law of June 5, 2007 No. 87‒FZ “On Amendments to the Criminal Procedure Code of the Russian Federation and Federal Law “On the Prosecutor’s Office of the Russian Federation” // Collected Legislation of the Russian Federation of June 11, 2007 No. 24, art. 2830.
  6. Karyagina S.A. Current trends in the practice of the use of coercive measures of educational influence // Academic Law Journal. No. 1(27). 2007 P. 35-41.
  7. Markelov A.G. The idea of a reasonable compromise in the abbreviated form of inquiries in proving criminal cases // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2016. No. 3. P. 132-135.
  8. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 1 of February 1, 2011 “On the Judicial Practice of Applying the Law Regulating Peculiarities of Criminal Responsibility and Punishment of Minors” // Bulletin of the Supreme Court of the Russian Federation. April 2011. No. 4.
  9. Titova A.I. Juvenile delinquency: status and dynamics // Young scientist. 2018. No. 34. P. 64-66.

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