The Role of the Prosecutor in Implementing a Right to Rehabilitation in Criminal Proceedings

Abstract

The authors examine the powers of the prosecutor in the implementation of the rights of persons who were criminally prosecuted unlawfully or without good reasons. The goal of this work is to determine the role of the prosecutor in the exercise of the powers according to Chapter 18 of the Criminal Procedure Code of the Russian Federation and to identify the problems of the prosecutor’s participation in the implementation of the right to rehabilitation. The authors analyze the key clauses of the Criminal Procedure Code of the Russian Federation that prescribe the rehabilitation procedure in criminal proceedings, the key powers of the prosecutor in the rehabilitation procedure for a person who was criminally prosecuted unlawfully or without good reasons, as well as inter-departmental legal acts that state the powers of the prosecutor during the participation in cases of rehabilitation in criminal court proceedings. Besides, the article presents the opinions of researchers of legal proceedings and positions of Russian courts that allowed the authors to determine the role of the prosecutor in the examination of rehabilitation questions. The analysis revealed gaps in criminal procedure legislation that make it possible for the prosecutor to realize the function of prosecution regarding the implementation of the right to rehabilitation within court proceedings.