Подготовка государственного обвинителя к участию в рассмотрении судом дел о занятии высшего положения в преступной иерархии

Abstract

The paper considers special aspects of organization of the public prosecutor preparation to prosecute on the cases on occupying the supreme position in the criminal hierarchy. The authors specify the peculiarities of prosecuting on this type of cases before the court, formulates recommendations on the tactics of submission of evidence to the court. The paper summarizes the scientific recommendations on the public prosecutor preparation for judicial proceedings. The specifics of judicial consideration of cases on occupying the supreme position in the criminal hierarchy and the public prosecutor’s participation in it are taken into account. The authors identified that tactical specific of submission of evidence by a public prosecutor depends on the constitution of the court. Based on the analysis of judicial practice, the authors demonstrate that to achieve optimal result, it is advisable for public prosecutor to submit evidence in the order corresponding to the sequence of commission of a crime when a case on occupying the highest position in the criminal hierarchy is considered by professional judges. The paper describes the peculiarities of preparing a public prosecutor to participate in judicial proceedings on the cases on occupying the supreme position in the criminal hierarchy. The authors recommend that a public prosecutor submits evidence in the order corresponding to the structure of the way a defendant takes the highest position in the criminal hierarchy. Concerning the cases involving a jury, it seems reasonable to carry out a judicial examination of specialist – a criminologist – to explain the basic concepts reflecting the way a defendant takes the highest position in the criminal hierarchy. The authors suggest amending criminal procedure legislation on the cases, which cannot be considered by the court consisting of a judge and a tribunal of eight jurors.