Plea for justice when returning criminal cases to prosecutor by cassation court

Olga Vyacheslavovna Yevstigneyeva,A.P Alekseeva

doi:10.1051/shsconf/202110804001

Abstract

Pre-requisites of the research are the establishment of cassation courts of general jurisdiction in Russia, as well as no clear procedure in the Russian Federation Criminal Procedure Code for returning criminal cases to the prosecutor by the cassation court upon the grounds causing the impaired position of the convict (or acquitted person). The research purpose is to formulate requirements based on the principle of justice to the legal institute of returning criminal cases to the prosecutor by the cassation court for circumstances showing the need to impair the position of the convict (or acquitted person). The Methods are abstraction, analysis and synthesis, induction and deduction, modeling, ascending from abstract to concrete. The article substantiates that the grounds to return a criminal case to the prosecutor provided for in the Russian Federation Criminal Procedure Code causing remission of a sentence under a cassation procedure represent a type of material breaches of criminal procedure law that affect the outcome of the case. When such circumstances cause an impaired position of the convict (or acquitted person), they must comply with the requirements of justice.

Highlights

The current Russian Federation Criminal Procedure Code (RF CPC) subdivides grounds for reversal or change of the judgment under a cassation procedure into circumstances improving (Part 1, Article 401.13 RF CPC) or impairing the position of the convict (Article 401.6 RF CPC)
One of the cassation grounds set out in Article 401.15 RF CPC that the legislator seems not to relate to a possibility of the convict’s or acquitted person’s position being impaired are circumstances given in Part 1 and Clause 1, Part 1.2, Article 237 RF CPC and causing the criminal case to be returned to the prosecutor
The establishment of these cassation grounds and of cassation courts of general jurisdiction in Russia aggravates the scientific discussion of the concept of material breaches of law causing reversal or change of the judgment under a cassation procedure [1]

Summary

Introduction

The current Russian Federation Criminal Procedure Code (RF CPC) subdivides grounds for reversal or change of the judgment under a cassation procedure into circumstances improving (Part 1, Article 401.13 RF CPC) or impairing the position of the convict (Article 401.6 RF CPC). One of the cassation grounds set out in Article 401.15 RF CPC that the legislator seems not to relate to a possibility of the convict’s or acquitted person’s position being impaired (since these grounds are not directly given in Article 401.6 RF CPC as the ones causing impairment) are circumstances given in Part 1 and Clause 1, Part 1.2, Article 237 RF CPC and causing the criminal case to be returned to the prosecutor The establishment of these cassation grounds and of cassation courts of general jurisdiction in Russia aggravates the scientific discussion of the concept of material breaches of law causing reversal or change of the judgment under a cassation procedure [1]. A different approach contradicts the principle of justice in criminal proceedings

Results

Discussion

Conclusion