Criminal procedure form the notion and the value of which will be discussed in detail in the article, is one of the legal patterns of state activity. It expresses the features and the stages of the investigations and proceedings in the case.
The model includes a range of details established by law the terms of the sequence and rules of action that are carried out in the course of the proceedings. In this form the fixed structure of the criminal process and its individual stages. Relevant normative acts, the procedure of the proceedings. In particular, we formulate the sequence of the stages, conditions of transition of cases from one stage to another. In addition, we establish the factors that have characterized the proceedings at a particular level, the base, the order and circumstances in which are performed certain activities, the essence of decisions that may be taken. The concept of criminal procedural forms occupies a key place in science. Its importance is due to the nature of the proceedings, and the principles on which it is carried out. The proper order of events ensures the correct and timely application of the provisions of the criminal code to the subjects who committed the crime. Criminal procedure and safeguards designed to promote truth, to enforce protected by the law interests of the parties to the case.
I Should say that she is the criminal procedural form, the concept, the types of this model have always been the subject of disputes of scientists. Each scientist has their own view of the problem. In particular, Cheltsov said that the procedure in criminal process is a statutory procedure for the exercise of individual actions or a combination of both. Rakhunov, in turn, believed that this model is a precisely regulated by the rules of the relevant activities. According to Strogovich, forms of criminal procedural law is a set of conditions established by law, to carry out the authorized bodies of the actions by which they perform their function in the investigation and resolution of cases. He also believed that this model extends to citizens who participate in the proceedings. The described set of conditions, in the opinion of Strogovich required to make the subjects of those actions by which they exercise their rights and responsibilities. Shpilev believed that the most appropriate definition of the category, which covered not only the complex conditions, but also their sequence. It is about order of fixing and the design of the action, the time frame in which they are performed.
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Point of view expressed by Celcom, is not quite true. In his opinion, criminal-procedural form may only be used for specific activities (for example, for search or interrogation) or complex (for a separate stage of the proceedings). This particular category applies to all activities in the framework of the investigations and proceedings in the case. All activities that need to take place, Express the historical content of criminal procedure. Activity in this case consists in the consistent implementation of all statutory stages. More expanded you can call the definition in the works of Strogovich. It should be noted that the author has rightly extended the procedure to the competent authorities (court, Prosecutor's office, investigative Department) and other entities involved in the production. This can be proved by a practical example. So, the suspect and the victim and even the accused, as well as other aspects of the process, exercise their rights. This is done through the filing of complaints, petitions, familiarize themselves with the case materials. The realization of the rights in this case is a procedure strictly established by law. Along with this is to say that Strogovich went down the same path as Cheltsov. In his opinion, criminal-procedural form is only installed on individual actions and not on their complex as a whole.
The Study of legal literature shows that scientists have not been able to develop a common approach to the explanation of the concept. For example, Petrukhin considers that the criminal-procedural form is established by the rules of crime investigation and the proceedings before the authorized courts. The author presents a category as a set of common, the most important conditions that must be met for the activity. It will be ensured the achievement of the goals set for the proceedings. Kuznetsov was considered a category as a fixed structure of the whole complex of actions and individual stages, the order and sequence of implementation. This definition seems more complete. But the value of criminal procedure forms disclosed not to the end. In particular, the author indicates the actions that are carried out only by authorized entities and are fixed in the regulations. However, as noted by Stroganov, the procedure provided for the realization of the rights and responsibilities of other participants in the investigation and legal proceedings. This point became particularly important after the adoption of the new criminal procedure code. In the Code, the legislator clarifies in great detail the procedure for exercising rights advocate, suspect, accused, victim and other participants in the case.
The above definitions by different authors have disadvantages and advantages. However, none of them are the signs that have elements of criminal procedure:
A Number of authors reveals these criteria separately from the definition, other scientists at all do not mention them.
Under this sign understand the requirement, which establishes a single specific category of cases the production order. However, he does not depend on the complexity or volume of materials submitted. The legislation makes differentiation of criminal procedural form for a number of reasons. These include:
The Actual grounds, such as the manner, place, time of committing the act, the number of episodes, the number of persons who were prosecuted and a number of others do not affect enshrined in legislation, the procedure of investigation and trial.
The Procedure in criminal proceedings applies to the entire territory of Russia. This reflects the unity of the category for all regions of the country. This situation is due to the fact that under the Constitution, the criminal procedure is within the scope of Federal jurisdiction. It is established in item "o" of article 71 of the Basic Law. In this regard, the legislator has determined that the procedure of investigation and trial is solely in the criminal procedure code. It is mandatory for all participants in the case. The unification of criminal procedure eliminates the probability of establishing regional authorities or local authorities own right, distinct from Federal.
This criterion indicates the exact and faithful performance of the participants in the case of regulations, which establishes the criminal procedure form. This position acts as an essential condition of the legality of the investigations and proceedings. Violations of the established regulations shall entail the consequences. In particular, the results obtained in the course of certain events lose their legal significance. For example, if it is not complied with criminal procedure form provided for evidence collection, the materials will be deemed unacceptable. This, in turn, acts as grounds for cancellation or change the decision in appeal instance.
In accordance with the above material, we can say that the criminal-procedural form is a mandatory, unified, and universal order, provided:
The Last two of the component activities, in essence, act as forms of realization of certain criminal procedural relations.
Differentiation of criminal procedural form determined by the characteristics of the problems to be solved in the framework of the investigation and proceedings. The specific activities manifested in the complexity and detail of the established order. In the framework of the case should be revealed to all the circumstances created by the...
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