Expedited Pre-Trial Proceedings in Criminal Cases: Prospects of Development

Abstract

The article discusses the issues concerned with the creation of a new model of summary proceedings that will not be unduly burdensome, will be consistent with the needs of law enforcement and allow to secure protection of the rights and lawful interests of persons involved in criminal proceedings to the full extent. The author analyzes the draft law that introduces the concept of a criminal wrong-doing. The article supports the idea that the prerogative to terminate criminal proceedings against a perpetrator who has committed a criminal wrong-doing belongs exclusively to the court. The court should resolve the matter during the court hearings with the participation of the suspect (accused), counsel for the defense, victim, his representative, prosecutor. Dealing with the file in a case with regard to the termination of criminal prosecution and application of measures of criminal character the court during the court hearings decides the issues of fact concerning the crime committed and only then it can resort to the measures having effect within the scope of criminal law. The author comes to the conclusion that the provisions of the draft law provide a significant reserve for optimization of pre-trial proceedings. The author analyses the recorded form of proceedings in criminal wrongdoing cases in the legislation of Kazakhstan, as well as the model of writ proceedings applied in criminal procedure of Kazakhstan. It is concluded that the imposition of a sentence without court hearing in the absence of the defendant and other participants of the trial does not meet the requirements of contemporary justice. The author comes to the conclusion that it is highly promising to establish a shortened period of pre-trial proceedings (10 days) for criminal cases against persons who have committed a criminal wrong-doing or any other crime of minor or medium gravity, a criminal prosecution for which can be dismissed with the application of measures of criminal nature. It is also possible, that requirements concerning providing evidence in a number of criminal cases will be reduced.