Matters related to Court Session Scheduling and Choice of Court Procedure in Criminal Proceedings: Problems, Errors, and Solutions

Abstract

The paper considers one of the key stages of court work in criminal proceedings, namely the initial preparation stage for a court session in a criminal trial and scheduling of the said session while choosing the procedure rules (general or special, provided for in Chapter 40 of the Code of Criminal Procedure). The paper analyzes the latest changes in legislation regulating these issues, ambiguities and uncertainties that give rise to judicial errors made at this stage, including those related to the choice (determination) of the procedure for judicial proceedings, their impact on the future fate of the criminal case and the final court decision (sentence).Studying the cases of specific judicial precedents (including the Supreme Court of the Russian Federation), the author emphasizes the reasons these errors can be caused by. Examples of the actions of the parties (both the prosecution and the defense) that significantly affect this stage and even determine it, as well as the final court document, including in terms of criminal punishment, are given. The author shows that, at the will of only the prosecution (the state prosecutor and (or) the victim), the defendant (convicted), who conscientiously contributes to justice and fully admits his guilt at all stages of the investigation and judicial consideration of the criminal case, is deprived of the benefits provided to him by law (privileges in the appointment of criminal punishment), which even the judge (court) considering the criminal case cannot influence. The difficulties of the court (judge) in deciding on the choice of the procedure for trial in a criminal case and the legislative uncertainty in the issues under consideration are revealed. Specific ways of solving the problems under consideration of scheduling a court session in a criminal trial are proposed.