Abstract
The article analyses the concept and signs of abuse of law in criminal proceedings. Among such signs the author names: the presence of a person with a specific subjective right; the implementation of law in contradiction with its purpose, or the purpose of criminal proceedings in general; inconsistency of a person’s behaviour with the criteria of good faith and reasonableness; causing harm to the interests of other participants in criminal proceedings, society and the state. Analysing the signs of abuse of right, the article indicates some types of abuse of right by private individuals or government entities, and makes a distinction between abuse of subjective right and abuse of discretionary powers. In conclusion, the author proposes to provide a legislative mechanism for overcoming abusive behaviour in criminal proceedings in the form of applying specific response measures to individuals and officials.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
