Termination of Proceedings on Discretionary Grounds as a Way to Optimize the Burden on the Judicial System
- Authors: Kucherov G.N.1
-
Affiliations:
- Moscow State Law University named after O.E. Kutafin (MSAL)
- Issue: Vol 16, No 3 (2023)
- Pages: 177-181
- Section: Criminal Law Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/568846
- EDN: https://elibrary.ru/GTEHNE
- ID: 568846
Cite item
Open Access
Access granted
Abstract
In the article, through the analysis of statistical data, law enforcement practice and legal provisions, the problems of inefficient use by officials of the preliminary investigation bodies of the powers granted to them to terminate criminal cases on discretionary grounds during the preliminary investigation and inquiry are considered, which in turn causes an increase in the burden on the courts. The author identifies normative and statistical reasons for the low efficiency of the implementation of the powers granted to them by law enforcers and suggests ways to overcome them, which will allow focusing attention on the courts in considering cases of the most serious and dangerous crimes by reducing the number of cases of crimes of small and medium gravity coming to court for consideration on the merits.
Full Text
About the authors
Grigory N. Kucherov
Moscow State Law University named after O.E. Kutafin (MSAL)
Author for correspondence.
Email: kucherov.gr@gmail.com
applicant for the scientific degree of candidate of legal sciences at the Moscow State Law University named after O.E. Kutafin (MSAL)
Russian Federation, MoscowReferences
- Best E. The criminal process in Germany //Criminal proceedings. 2014. No. 4. P.8 - 13.
- Voskobitova L.A. Initiation and termination of a criminal case: analysis of investigative practice // Criminal proceedings. 2010. No. 2. P. 3 – 6.
- Kaminsky E.S. On the need to terminate criminal prosecution in pre-trial proceedings // Justice of the Peace. 2021. No. 4. Р. 12 – 16.
- Sumin A.A., Khimicheva O.V. Special judicial procedures in the criminal process of the Italian Republic // Magistrate. 2017. No. 8. P. 9 – 14.
- Trefilov A. A. The criminal process in Switzerland. Criminal procedure of foreign countries. Volume 1. M.: Legal Center Press, 2016. -1019 p.
- Chentsov V.V. Termination of a criminal case or criminal prosecution with the appointment of a judicial fine: theory, legislation, law enforcement: diss. ... cand. legal sciences: 12.00.09 - M, 2018. - 224 p.
- Summary statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2012-2021: // Website of the Judicial Department at the Supreme Court of the Russian Federation: [website]. — URL: http://www.cdep.ru/?id=79 (date of access: 04/11/2023).
Supplementary files
