Порядок привлечения лица в качестве обвиняемого в уголовно-процессуальном законодательстве России и зарубежных стран

Abstract

The article analyzes the provisions of the criminal procedural legislation of foreign countries regulating the procedure for handing over the criminal procedural status of the accused to a person with the refraction of these legal positions on the domestic criminal procedural doctrine and practice. From the point of view of the comparative approach and taking into account the legal traditions of the domestic criminal process, proposals are formulated to improve the institution of bringing a person as an accused. It is noted that the existing procedure for giving a person the status of an accused person is dissonant with the principles of competitiveness and equality of the parties to the defense and prosecution and is more typical of the investigative type of criminal process. According to the authors, in an adversarial criminal trial in Russia, an accusation should be brought against a person by a prosecutor or other representative of the prosecuting authority before a court with the participation of the defense. The decision on bringing a person to criminal responsibility should become the exclusive prerogative of the court.