- PII
- S1026-94520000616-5-1
- DOI
- 10.31857/S20000616-5-1
- Publication type
- Article
- Status
- Published
- Authors
- Volume/ Edition
- Volume / Issue 9
- Pages
- 45-52
- Abstract
- The paper is devoted to the institution of discharge in criminal procedure. The author considers this institution from a position of a concrete victim of unlawful criminal prosecution or conviction and finds that the present legal regulation does not meet the purpose of discharge. In the paper the criteria which the procedure of discharge should satisfy are specificated, particularly, timeliness, simplicity, etc. Current legal regulation of the apology making procedure, moral harm compensation, etc is studied in terms of the above-mentioned criteria. Furthermore, a number of purely practical issues hidden under a seemingly appropriate discharge procedure description stated by the law are risen in the paper. Finally, the author comes up to a conclusion that the discharge procedure should be significantly simplified and marks the ways of such simplification.
- Keywords
- discharge, moral harm, criminal procedure errors, prosecutor
- Date of publication
- 01.09.2015
- Number of purchasers
- 1
- Views
- 1103
RAS Social ScienceGosudarstvo i pravo
- ISSN (Print) 1026-9452
- ISSN (Online)2713-0398
Juridical impediments to exercising right to discharge in Russian criminal procedure
Индексирование
Scopus
Crossref
Higher Attestation Commission
At the Ministry of Education and Science of the Russian Federation
Scientific Electronic Library