Return of supplementary investigation

Abstract

More than 20 years have passed since the entry into force of the Criminal Procedure Code of the Russian Federation. During this time, a huge experience of its application has been accumulated, which allows us to reasonably judge the advantages and disadvantages of legal regulation of criminal procedural activity. A large number of changes made during this time to the criminal procedure law indicates a desire to eliminate the shortcomings made during the creation of the Criminal Procedure Code of the Russian Federation, to further improve criminal procedure law. The solution of these tasks, however, is impossible without a critical analysis and rethinking of both previously existing and currently used procedural institutions, including the institution of returning a criminal case from the judicial stages to the pre-trial stage that preceded them. Therefore, the author has chosen as the main method of historical research of the regulatory framework and law enforcement practice, according to which he considers the historical prerequisites for the abolition of the institute of additional investigation at the end of the XX century as a tool for correcting investigative errors, as well as the role of the Constitutional Court of the Russian Federation in the liquidation of this institution and its subsequent revival. Judicial practice is also analyzed, which testifies to the use of the institution of returning criminal cases to the prosecutor not only in order to make up for the incompleteness of the preliminary investigation, but also to worsen the situation of the accused by charging him with committing a more serious crime after the court returns the criminal case. The analysis of the law and the practice of its application allow us to reasonably assert the gradual transformation of Article 237 of the Criminal Procedure Code of the Russian Federation from a way of removing obstacles to the judicial review of a criminal case and making a lawful procedural decision into a way of filling gaps in accusatory evidence and correcting deficiencies in the formulation of charges, which according to Article 252 of the Criminal Procedure Code of the Russian Federation should determine limits of judicial proceedings. As a result of the conducted research, the article concludes that the current version of Article 237 of the Criminal Procedure Code of the Russian Federation and its application in practice contradict the principles of criminal procedure, such as the independence of the court, the adversarial nature and equality of the parties, the presumption of innocence, as well as the purpose of criminal proceedings.