Нарушено общее правило: nullum crimen, nulla poena sine lege. Анализируем зигзаги судебной логистики по конкретному уголовному делу: вместо «громкого оправдания» отложенное на два года «тихое прекращение»

Abstract

The author investigates and reviews an ordinary criminal case about forgery by an official (Part 1 of Art. 292 of the Criminal Code of the Russian Federation) initiated against a lecturer of college Sh. and firstly, pays attention to the blanket character of Art. 292 of the Criminal Code of the Russian Federation, (Forgery by an Official) within the framework of an analysis of the criminal law aspect; secondly, studies the criminological content of this provision; thirdly, reviews the limits of delegation to the law enforcer of the right to criminalization of issue of specific official documents by the legislator (social forces in power); fourthly, presents a critical review of special aspects of religious legal consciousness (legal ideology + legal psychology) of professional representatives of the prosecution (investigators, prosecutors) and judges. Within the framework of the criminal procedure aspect, the paper studies, firstly, the genesis, i.e, the process of construction of a specific investigative and judicial mistake along with its deconstruction (correction); makes a conclusion about the tendency of some professional subjects of proving towards prosecutorial bias. Secondly, the article analyzes: 1) logistics of movement of a specific criminal case; impulses (jets) affecting the change in the trajectory of such movement. Special attention is paid to studying the authority of the cassation court, the orders of which are mandatory for lower-level courts in virtue of Part 6 of Art. 401.16 of the Criminal Procedure Code of the Russian Federation. Study method: system analysis of the judicial practice in cases that were terminated due to the lack of corpus delicti (Clause 2 of Part 1 of Art. 24 of the Criminal Procedure Code of the Russian Federation).