Criminal Law Institutions Research Articles

The Forms of Acceleration of Justice

Plea bargaining is one of the most important institutions of criminal law not only in Georgia but also in other countries. The said procedural institution was also introduced into the Georgian system and has not lost its relevance since its introduction. It is also obvious that this procedural-legal institution is the cornerstone of Anglo-American law, and it is impossible to discuss it outside the context of the said legal system. Our research includes an in-depth study of the plea bargaining as a basic legal institution. In particular, the formation and development of plea bargaining in England and America is presented. Among them, the case law in the part of plea bargaining is discussed. The article presents the process of implementing plea bargaining in the countries of continental Europe. The work contains a comparative legal analysis of different countries and the Georgian system. Historically, there are two types of bargaining: explicit and implied. Explicit plea bargaining is an open offer from a judge to a victim during a trial or a judge’s advice to a defense attorney about the “best reasonable solution”. The rules of expedited justice in the countries of the continental European system (Germany, France, Italy) are characterized by certain features, the features of which are discussed in this article. The study reveals the main essence of plea bargaining in Georgia, the practice of its use, and the main problems. The author’s conclusions and recommendations are presented at the end of the study.

THE CONCEPT AND CHARACTERISTICS OF SAFETY MEASURES

This article deals with an important category of criminal sanctions: safeguards. The fundamental institution of criminal law, criminal sanctions, are nothing more than the effect of criminal liability, this in turn being the legal consequence of committing the crime. Within the framework of criminal sanctions, an important category is safety measures. The defense of society against crimes could not be effectively ensured if only the application of punishments, however severe they may be, both in duration and in the mode of execution, were used for this purpose. The crime must be examined in relation to the man who committed it, and not isolated as an abstract notion, without any connection to social life, and the criminal treatment to be applied must take into account everything that characterizes the person of the perpetrator as described it shows in the present and how it is shaping up in the future. When an act provided for by the criminal law is committed, the investigations carried out in the respective case sometimes reveal, in addition to the gravity of the respective act, some situations, some realities that reveal a danger for the future in terms of the commission of other crimes. In order to solve these "dangerous situations" safety measures were found as a solution.

Конфискация имущества как мера противодействия незаконному обороту наркотических средств, психотропных веществ или их аналогов

Financial University under the Government of the Russian Federation, LL.D., Professor, Honored Lawyer of the Russian Federation Purpose: to consider the institution of confiscation of property as another measure of a criminal law nature, and to show the practice of using this criminal law institution in cases of illegal trafficking of narcotic drugs, psychotropic substances or their analogues. Research methods: comparative legal, dogmatic, analysis of judicial practice. Conclusions: based on the analysis of the provisions of Chapter 15.1 of the Criminal Code of the Russian Federation and Article 81 of the Criminal Procedure Code of the Russian Federation, it is shown that the legal basis for confiscation of property in cases of illicit trafficking in narcotic, psychotropic substances or their analogues is interdisciplinary in nature. It is noted that if the property has the properties specified in paragraphs “a”-“d” of Article 104.1 of the Criminal Code of the Russian Federation, the court is obliged to make a decision on the confiscation of such property. When planning opera-tional search activities and investigative actions, it is necessary to pay special attention to providing evidence of the connection of the property subject to confiscation with a specific crime. Scientific and practical significance: the legal nature of confiscation of property as another measure of a criminal nature is revealed, its place in the system of similar institutions is indicated, the specifics of the implementation of the provisions of Chapter 15.1 of the Criminal Code are indicated by the example of court decisions on specific cases. Disputes about the ownership of confiscated property to persons not involved in crimes may be resolved at the stage of execution of a court verdict, including in court.

Russian Criminal Procedure to Protect the Rights and Legitimate Interests of Entrepreneurs

The article discusses changes in Russian criminal procedural legislation related to criminal proceedings on crimes in the economic sphere committed by entrepreneurs in connection with their entrepreneurial or other economic activities. It is noted that these changes are due to the general policy of the state aimed at increasing the economic activity of the population and accelerated economic development of the country as a whole. In this regard, the author provides critical statements by the country’s leaders regarding the current law enforcement practices. The article consistently sets out individual institutions of criminal procedural law affected by these changes. Thus, the features of initiating criminal cases for certain crimes in the economic sphere classified as cases of private-public prosecution are described. The general rules for conducting investigative actions, including those related to the seizure of electronic storage media in cases of this category, are described. Considerable attention is paid to the selection of preventive measures against entrepreneurs and general restrictions on the use of detention against them. Special grounds for termination of criminal prosecution of entrepreneurs in connection with their compensation for damage are described. The author notes that the process of improving legislation in this area is far from complete and will continue depending on the needs of practice.

Offender Rehabilitation System in Hong Kong: From Traditions to Innovations

Probation in Hong Kong is part of a broader concept – a system for the rehabilitation of offenders and the prevention of reoffending. In this approach, the focus of the probation service is not on the crime itself, but on the unresolved personal and social problems that underlie criminal behavior (lack of employment, housing, drug addiction, etc.). With regard to the rehabilitation of offenders in this administrative region, there are legal regulations that have undergone several stages of improvement, a well-developed organizational system of rehabilitation and a set of proven methods of working with offenders. All this makes the Hong Kong experience interesting from the point of view of the prospects of possible borrowing. The paper considers the legal regulation, the history of formation and development of the system of rehabilitation of offenders in Hong Kong, the influence of the English experience on its formation; highlights the features of the organization of the rehabilitation system, as well as its advantages that contribute to the optimization of work processes. Probation in Hong Kong started with juvenile offenders and later extended to adults. Probation in Hong Kong is now a criminal law institution accompanying alternative sentences to imprisonment. Based on academic research, official publications of the Social Welfare Department (SWD) and the Correctional Services Department (CSD) of Hong Kong, and statistical data, the author explores specific measures of support for ex-convicts, social rehabilitation, and the effectiveness of their application. The author identifies the key points of effectiveness of the Hong Kong system of rehabilitation of offenders: well-built hierarchical organizational structure (departmentalization of the service); division of functions between the agencies supervising social welfare and correctional institutions; emphasis on the use of social work methods in the creation of rehabilitation programs; a wide range of rehabilitation programs targeting different groups of offenders; comprehensive nature of rehabilitation, involvement of family and community. In conclusion, the author’s vision of the prospects of using the Hong Kong experience in the Russian realities, coupled with the analysis of the new legislation on probation, is stated.

EXTRADITION: DIRECTIONS OF DEVELOPMENT

The study of one of the basic institutions of criminal law and international criminal law is aimed at creating a system of approaches to the development of existing law that can lead to the development of a universal approach to providing legal assistance. The purpose of the study is to determine the directions of the development of the law for providing legal assistance under the extradition process. Materials and methods. The method of analyzing sources of law made it possible to identify weaknesses when carrying out the extradition; the comparison method revealed a divergence in norms relating to the basis for extradition, which gives a forecast for solving a number of problems for both parties of the mechanism under study. Research results. The practical application of extradition rules makes it possible to achieve the desired result, but the desired effect is achieved through large and unreasonable efforts of both parties with a large bureaucratic toolkit, which leads to the idea of optimizing a number of processes. Conclusions. The institution of extradition should be considered as a flexible tool of legal assistance that allows solving the problems of justice in the spirit of the current principles of humanity and legality. The creation of an international instrument of a universal nature can fill gaps in the law and lead to a uniform extradition mechanism at the bilateral level. Due to current political international processes, the formation of such a document seems appropriate.

MONITORING OF LEGISLATION ON INTENTIONAL SELF-HARM (SELF-MUTILATION)

The authors examined the criminal law institution of intentional self-harm (self-mutilation). The Constitution of the Republic of Kazakhstan extends to the area related to the legal status of the individual, and applies in full to citizens of the state deprived of liberty and placed in penitentiary institutions. They are limited to a certain extent of rights and freedoms, but these restrictions should not contradict the Constitution of the Republic of Kazakhstan. The study examined foreign experience of the institution of deliberately causing any damage to oneself (self-mutilation), as well as international legal acts recognized by the Republic of Kazakhstan and other states of the modern world. Is an act of self-harm committed by a convicted person one of the ways to protect his rights to freedom of speech and expression, a form of protest against the illegal actions of the administration of the institution, or a criminal offense? Criminal liability with the participation of a group of persons in this act is also considered. A legal analysis of Article 428 of the Criminal Code of the Republic of Kazakhstan and Article 130 of the Criminal Executive Code of the Republic of Kazakhstan was carried out, which indicate certain shortcomings in the presentation that create conditions for ambiguous understanding and application. It is possible to bring to criminal liability for participation in group disobedience, involving the deliberate infliction of any harm on oneself, if the purpose of self-harm is ignoring the legal requirements of the administration of the institution and violating the established procedure for serving a sentence. All these issues were considered by the authors in this article.

FUNDAMENTAL INSTITUTIONS OF CRIMINAL LAW

The article entitled "The fundamental institutions of criminal law" presents a particularly generous and important theme. I will present the three fundamental institutions from a theoretical point of view and by exemplifying them practically through cases. These fundamental institutions are the main pillars of criminal law, around them gravitate all the other specialized institutions that form criminal law as a branch of law. Criminal law provides, as a consequence of committing crimes, specific criminal law sanctions that are applied to criminals through the most severe (legal) form of legal liability, criminal liability. Thus, in the synthesis of the essential features most often indicated by doctrine within the definition of criminal law, it can be appreciated as representing a branch of law that aims to ensure social defence (social order and discipline), carrying out a control of an individual’s conduct and behaviour from society to the highest degree undesirable, through the action of preventing and combating the criminal phenomenon, establishing and regulating: the categories of acts that are assessed, at a given moment, as crimes, the corresponding (legal) liability for committing them; the specific sanctions in which this legal-criminal liability is to be realized.

THE MARRIAGE AS AN INSTITUTION OF PUBLIC LAW

This article discusses issues related to marriage as a public law institution. At the beginning, it undertakes an analysis of the genesis of marriages. It basically draws attention to the legal nature of marriage in civil law. The findings made constitute the research ground for scientific discussion in the area of public-legal paradigm of this institution. Next the text hows an understanding of civil status, marriage act on the ground of administrative law. Finally, the article looks at marriage in terms of criminal law institutions. The summary has the important conclusions.

Features of responsibility for criminal offenses during martial law in Ukraine: a legislative review 2022-2023

The article is devoted to the review of the legal regulation of criminal liability for the criminal offenses committed during the martial law and the state of emergency in connection with the armed aggression of the Russian Federation, which has escalated into a full-scale war since February 24, 2022.
 The author examines a package of criminal legal acts which regulate a number of issues related to enhancing criminal liability of criminal law subjects during the martial law. It was found that the introduction of martial law and the state of emergency has its own specific regulations, which means that along with the possible temporary restrictions on the constitutional rights and freedoms of a person and a citizen for the period of the legal regime of martial law in the state, the specific means and mechanisms of legal regulation of substantive criminal law are becoming important in strengthening criminal liability for collaborative activities, the distribution of information aimed at promoting the actions of the aggressor state, crimes against the foundations of national security, looting etc. The article also considered circumstances that exclude the criminal illegality of an act and provide combat immunity under conditions of martial law.
 The latter primarily include the Law of Ukraine “On Ensuring the Participation of Civilians in the Defense of Ukraine” of March 03, 2022 and the Law of Ukraine “On Amendments to the Criminal Code of Ukraine and Other Legislative Acts of Ukraine on Determining the Circumstances Excluding Criminal Illegality of an Act and Ensuring Combat Immunity in the Conditions of Martial Law” of March 15, 2022. In addition, the Criminal Code was supplemented with Article 43-1 “Fulfillment of the duty to protect the Motherland, independence and territorial integrity of Ukraine”. Furthermore, Section 2 “Final and Transitional Provisions” of the current Criminal Code of Ukraine was supplemented with the paragraph 22 as follows: “Civilians shall not be criminally liable for the use of firearms against persons carrying out armed aggression against Ukraine, if such weapons are used in accordance with the requirements of the Law of Ukraine “On Ensuring the Participation of Civilians in the Defense of Ukraine”.
 In general, taking into account our own experience and the experience of the international community, it is necessary to improve all criminal law institutions, both in the direction of criminalization and decriminalization of certain criminal offenses, given the special tasks of criminal law in a state of emergency. The primary task of the modern criminal law of Ukraine is to ensure the right to life, health of a person and citizen, to ensure peace and security, and to counter criminal offenses committed by the Russian Federation against the Ukrainian people.

Concept and content of probation in criminal legislation

This article is dedicated to analyzing the concept and legal nature of probation in Ukrainian criminal legislation. The study focuses on understanding probation as a form of criminal-legal influence that combines elements of punishment and opportunities for rehabilitation for the convicted. Considering the historical context and contemporary realities of criminal legislation, the author examines the evolution of the probation institute, from the release from punishment for minor crimes in the pre-revolutionary period to conditional sentencing and suspension of the sentence in independent Ukraine. Particular attention is given to the changes that occurred following the adoption of the Criminal Code of Ukraine in 2001, which marked a significant expansion of non-custodial punishments and defined new legal frameworks for probation. The article also explores various legal interpretations and scientific approaches to defining the essence of probation, emphasizing its ambiguity and complexity. The article analyzes the concept of «probation» in the context of criminal legislation, taking into account the perspectives of prominent scholars. The author aims to investigate the essence of this term, its object, and the subject of regulation in criminal legislation. It is revealed that the institution of probation in Ukraine developed less intensively compared to Western countries, with its formation commencing with the adoption of the Criminal Code of Ukraine in 2001. The article highlights the stages of the establishment and development of the probationary system in independent Ukraine, emphasizing the transition to a new approach to penalties not associated with imprisonment.
 The study scrutinizes the institution of criminal law in Ukraine - release from punishment and its serving, particularly in the context of conditional releases. Section XII of the Criminal Code of Ukraine examines various forms of release. Special attention is given to conditional releases linked to the fulfillment of specific requirements during the probationary period. The article elucidates the procedure for applying release from punishment with probation, emphasizing the role of the court and the obligations of the convicted individual. It notes that different human rights advocates have different interpretations of the term «probation.»

Practical Problems Of The Criminal Law Institute Arising During Exemption From Punishment On Parole In The Republic Of Armenia

The article is devoted to the expediency of further serving of punishment in the context of realization of the goals of punishment, the problems of the criminal law institution arising during the exemption from punishment on parole, the need to review the mechanism for reporting submitted by the competent authorities in the context of assessing the likelihood of proper behavior of the convicted person and the commission of a new crime. Considering that the Government of the Republic of Armenia has adopted a strategy for reforming the penal enforcement system, which, among other things, also represents a transition from the traditional ideology of deprivation of liberty to resocialization and restorative justice, therefore, aimed at achieving this goal, should be more substantive. The Criminal Code of the Republic of Armenia (adopted on May 5, 2021) and the Criminal Code of the Republic of Armenia (adopted on April 18, 2003 and in force starting from July 1, 2022) have a certain difference in terms of the goals of punishment in the context of the re-socialization of a person who has been punished; however, the measures aimed at achieving the goals of punishment are identical, since such measures should be aimed at ensuring the safety of society, restoring social justice to victims, and by resocialization providing convicts with the opportunity to abandon criminal behavior. The article presented the problems identified in law enforcement practice by the competent authorities in the process of compiling reports on the exemption from punishment on parole, proposals for their solution, which will make it possible to form a more complete and comprehensive picture of the personality of the convicted person, the behavior shown by him in the process of serving a sentence, the absence of the need to serve the remainder of the sentence, standing in the way of correction, the probability of behavior subordinate to the law and the realization of the goals of punishment.

Implementation of Union Directives in the matter of Romanian Criminal Law. Study on extended confiscation

Through this paper we propose to analyze a very controversial subject in the matter of criminal law institutions, extended confiscation, a mechanism of substantial law that was not found in the original form of the Criminal Code, but which has raised a legal discussion since its implementation.
 In this context, the paper analyzes issues that have been interpreted differently by judicial doctrine and practice, the correctness of the transposition of the directive on extended confiscation in relation to European Union standards, the interference of this sanction with the guarantees of European Convention of Human Rights, the issue of the application of this sanction in relation to the application in time of the criminal law and with regard to certain crimes, but also the interference with other extra-criminal institutions that have a reparative role in the patrimonial plan.

Peculiarities of execution of punishment in the form of arrest by military personnel

It does not require any special proof that the assumption of irrationality and unreasonableness in matters of sentencing may level the success of all criminal law institutions, give rise to a sense of injustice, reduce confidence in justice and finally call into question the definition of a particular State as a State governed by the rule of law.
 Indeed, the goal set by the law on criminal liability can be achieved through a variety of criminal penalties, primarily by enabling the court to impose a punishment on a person guilty of a criminal offense in each case, applying the principle of justice and individualization of responsibility.
 One of the indicators that may indicate whether punishment achieves the goal of reforming convicts is the recidivism rate, in the broad sense of the term, namely the rate reflecting the number of persons convicted of a criminal offense, provided that they have previously been convicted of at least one criminal offense.
 When applying arrest with detention in the brig, the goals of punishment are achieved primarily by applying the following measures: establishing an appropriate regime for the execution and serving of sentences; organizing educational influence; involving convicted servicemen in socially useful work; organizing military training for social influence.
 The special conditions are primarily determined by the fact that in case of conviction of a serviceman to arrest, he is not released, but serves his sentence under the condition of further military service.
 At the moment, the legal regulation of the procedure for the execution of sentences that may be imposed on military personnel remains largely unexplored, so our task in this article is to consider in more detail the procedure for serving a sentence of arrest by military personnel.

Current issues of the application of special confiscation in the field of criminal justice

The article examines the issue of the application of special confiscation in the field of criminal justice, taking into account the requirements of international treaties, the legal positions of the Constitutional Court of Ukraine, and the practice of courts of criminal jurisdiction. It has been established that certain controversial issues that accompanied the establishment of the institution of special confiscation are currently resolved, in particular by the practice of the Constitutional Court of Ukraine and the Supreme Court. In particular, the Constitutional Court of Ukraine verified the compliance of the criminal law institution of special confiscation with the Constitution of Ukraine and established the compliance of Articles 96-1 and 96-2 of the Criminal Code of Ukraine with Articles 1, 3, 8, 21, 22, 41, 58, 61, 62, 64 of the Constitution of Ukraine. In addition, the practice of the Supreme Court demarcates the legal nature of punishment in the form of confiscation of property and special confiscation as a type of criminal law, the provisions on the procedure of special confiscation based on Articles 96-1 and 96-2 of the Criminal Code of Ukraine in the manner specified in Article 100 CCP of Ukraine. It was established that in those cases when a person uses property that belongs to him and that was acquired legally as one of the tools for committing a crime, the issue of the gravity of the crime committed, the sanctions of the criminal law and the application of special confiscation to the property of such a person can cause significant difficulties . At the same time, there are no special rules in the General Part of the Criminal Code of Ukraine regarding compliance of special confiscation with the requirements of proportionality to the committed crime, depending on its severity. The absence of such rules may lead to a violation of the requirements of Art. 1 of Additional Protocol No 1 to the Convention on the Protection of Human Rights and Fundamental Freedoms. The risks of a possible violation in this area should be eliminated by consistent judicial practice. It was emphasized that in view of the establishment of legal grounds and the procedure for the application of special confiscation in the field of criminal justice, the issue of the application of special confiscation taking into account the principle of proportionality and the protection of the rights of third parties – bona fide purchasers of property – remain important issues today. It was concluded that in the absence of clear criteria for the proportionality of interference with the right of ownership in both substantive and procedural legislation (Article 100 of the ССР), the question of the legality of deprivation of property from the point of view of the proportionality of interference with such a right must be resolved in each specific case, and certain rules in this aspect should be provided by established national judicial practice. Key words: property, right of ownership, punishment, intervention, confiscation, special confiscation, constitutionality, criminal law measures, third party, bona fide acquirer, proportionality, case law, proportionality

Responsibility for Wrongdoing and Touching It: the Temporal Evolution of the Norms of Domestic Criminal Law

In different periods of the development of the Russian state, the interest of legislators, theorists and practitioners in improving the measures of criminal legal influence on persons involved in crime in general and acts of injustice in particular was not the same. To a large extent, the criminalization of such acts was conditioned by the requirements of vital necessity in combating crimes that affect the priority interests of the State, including the legitimacy of State power, economic security and property rights.
 The purpose of the study is to determine the historical roots of the formation and evolution of the development of those forms of wrongdoing and touching them that have become the foundation of modern institutions of criminal law: obstruction of justice, harboring of crimes, failure to report a crime, connivance to crimes, criminal liability of legal entities and exemption from liability.
 The key means and ways to achieve the goal were temporal and comparative legal methods of studying the institutions of criminal responsibility for wrongdoing and touching it in legal sources of the XVXX centuries. Such an approach to the study made it possible in an evolutionary context to present the most clearly the conclusions of the transformation of the architectonics of various institutions of domestic criminal law familiar to our time.
 Their diachronic development follows from the temporal analysis of acts related to acts of injustice (harboring of crimes, failure to report a crime, connivance to crimes). Firstly, their legal nature has not always been identified with ways to counteract the administration of justice (in its broad sense, not only as the activity of the court, but also officials, individuals and even collective entities (legal entities) obliged to comply with the law, to promote the administration of justice and to execute judicial acts). Secondly, in certain historical periods, acts of wrongdoing and acts of persons touched were considered as encroachments on other public relations protected by law (for example, legitimate institutions of state power and economic security of the state).

Свидетельский иммунитет и пределы его применения в отношении юридических лиц /

The article discusses the theoretical and practical problems of implementing one of the most important institutions of criminal procedure law - the institution of witness immunity. The relevance of the topic is due to the reform of the criminal procedural legislation of the Republic of Armenia, which provides for a special procedure for the production of criminal cases against legal entities due to the reorganization of criminal procedural legal relations. The author clarifies some legal issues about the right to silence of a legal entity as an accused, offering some recommendations for improving legislation.

INTERNATIONAL CRIMINAL LAW AND INTERNATIONAL CRIMINAL JUSTICE OBJECTIVES AND PURPOSE OF PUNISHMENT IN INTERNATIONAL CRIMINAL LAW THEORY AND PRACTICE

Insufficient development of International Criminal Law, as well as its development under the influence of different legal systems, brought forth the lack of clear definitions of certain criminal law concepts and institutes. When considering the goals of International Criminal Law in theory they are often confused with the goals of International Criminal Justice, but also with the purpose of punishment in International Criminal Law. In that sense, the aim of the paper is, first of all, to analyse theoretical understandings of the goals of International Criminal Law and Justice, as well as their definition in the acts within the field of International Criminal Law, in order to provide for the possible manner of defining and delimiting these terms. Further, the aim of the paper is to distinguish from these terms the purpose of punishment in International Criminal Law.

НАУКОВІ ПОГЛЯДИ М. П. ЧУБИНСЬКОГО (1871-1943) НА КЕРІВНІ ЗАСАДИ НАУКИ КРИМІНАЛЬНОГО ПРАВА ТА МОТИВУ КРИМІНАЛЬНОГО ПРАВОПОРУШЕННЯ

The scientific views of M. P. Chubynskyi regarding criminal law science and the motive of criminal offense were studied. It was determined that the research conducted by the scientist on the science of criminal law, the motives of criminal offenses and their significance for criminal law and criminal legislation definitely laid a solid foundation for conducting further scientific research on the given issue, brought the scientist to the advanced level of criminal law science, and the reasoned instructions given by him and proposals contributed to the future enrichment of the theory of criminal and legal science, ensured the improvement of domestic and foreign criminal legislation. It was found out that the study of the history of domestic criminal law science, in particular, the views of its best representatives, which M. P. Chubynskyi definitely was, served as a basis for improving legal thinking, criminal law and criminal legislation, and the practice of its application in future. The author’s position is given regarding the definition of the science of criminal law as a branch of legal science, a complex structured system of teachings, ideas, concepts, views and theories about the problematic issues of the development of the conceptual apparatus of criminal law, the law on criminal responsibility, its main criminal law institutions, categories and norms, criminal law policy of the state, criminal law aspects of crime prevention, practice of law enforcement of criminal legislation of Ukraine and prospects for its development in future, genesis of national domestic and foreign criminal law and legislation. In addition, the author’s position was given regarding the definition of the motive of a criminal offense as an internal volitional urge by the subject of a criminal offense to commit a criminally illegal act or omission provided for by the law on criminal liability. Key words: scientific views, M. P. Chubynskyi, criminal law, science of criminal law, criminal offense, motive of criminal offense.

Cessation of prosecution: conceptual approaches

The criminal trial represents a specific and complex activity that runs under strict rules that are stipulated by the norms of criminal procedural law. As a result of the criminal trial activity from the part of competent bodies with different tasks, appeared the necessity to divide the criminal procedure into more divisions, called steps of the trial, where complex activities separated into 2 important moments of the process, having different procedural forms and subjects, take place. The time evolution of the criminal process allowed to distinguish 3 stages, every single with a structure, evolution and a different reglementation. The first stage is the prosecution that due to its target and function has a special rol in the criminal procedure. The cessation of prosecution, being a criminal procedural law institution and representing the prosecution, is very important in the procedural activity thanks to its specific features that we are trying to explain in this article.