Рассмотрение дела в суде первой инстанции в уголовном процессе Лихтенштейна: компаративные особенности

Abstract

Currently, there is not a single separate research work in Russian science on the topic of this article. In order to fill this gap, based on the normative and doctrinal sources, the author analyzes the consideration of the case on the merits in the criminal procedure of the Principality of Liechtenstein. In this legal order, in connection with the preservation of the institution of the investigating judge, one can only conditionally speak of bringing someone to trial since already at the stage of preliminary investigation cases are pending. The most important feature of the ordinary procedure for trying a case in the court of first instance is the principle of collegiality, by virtue of which, as a general rule, a case is tried by five judges. In addition, the developers of the 1988 Code of Criminal Procedure chose to abandon the use of lay judges. There are no plea deals in any form. Comparatively, it is interesting that the court has the right to recommend the convicted person for pardon, after which the head of state makes the final decision. The conclusions drawn can be useful to researchers who examine individual institutions of Russian and foreign criminal procedure.