Presumption Of Innocence Research Articles

LEGALITY OF FINANCIAL RIGHTS OF STATE ADMINISTRATORS SUSPECTED OF CORRUPTION: CAN IT BE QUALIFIED AS AN UNLAWFUL ACT?

In carrying out the government system, Law Number 28 of 1999 concerning Good and Clean State Administrators was formed from Corruption, Collusion, and Nepotism which regulates the rights, obligations, prohibitions, and sanctions for state administrators. The consequence of the principle of legality is that in the criminal justice process, the presumption of innocence is imposed until a decision is made. This principle is widely used by state administrators who stumble on corruption to resign when they are named suspects so that they are entitled to pension rights. Therefore, this research aims to describe and analyze the financial rights of state administrators who are suspected of corruption. The method used in this research was descriptive with a normative juridical research design. The legal materials used in this research included primary legal materials, secondary legal materials, and tertiary legal materials. Analyzed using the deductive logic analysis method by interpreting and discussing research result materials based on the definition of law, legal rule, legal theory, and doctrine related to the problem being studied. The results of the data analysis inferred that law enforcement against corruption cases was still not optimal. The law enforcers only looked at criminal offenses committed without looking more broadly at the elements of criminal acts such as locus delicti and tempus delicti so that they could find out the impact and actions of other related criminal acts. Keywords: Legality Principles, State Administrators, State Financial Losses/State Economy, Corruption.

The presumption of innocence in the early writings of St. Thomas More

The presumption of innocence in the early writings of St. Thomas More

‘What about the presumption of innocence?’ Legal consciousness and himpathy in Social Media Users Comments on Flemish #MeToo scandal

In November 2017, after receiving multiple complaints of sexual harassment, the Flemish Radio and Television Broadcasting Organization (VRT) terminated its collaboration with one of Flanders’ most popular TV personalities, Bart De Pauw. What followed was an explosion of opinions from both well-known and ordinary persons. The focus of this article is on the latter: Facebook users commenting on newspaper articles. To gather information about their legal consciousness with respect to the scandal, their comments are analysed using critical discourse analysis. The term legal consciousness refers to the ways in which ‘the law’ is invoked to evaluate and define certain behaviours that occur outside of a legal framework. Legal consciousness is apparent in the comments of social media users with references to elements of procedural justice: the presumption of innocence, to (the absence of) the right to a defence, or to the absence of any evidence. Despite the fact that the women in question have not made a claim in conventional judicial institutions, their complaints are still evaluated within such a framework. The conducted analysis seems to support the paradox identified by Gash and Harding: that law (or rather perceptions thereof) stands in the way of the objectives of an awareness movement and encourages victims of sexual abuse to remain silent (2018). In this context, it appears that commenters are plagued by ‘himpathy’, with a fixation on the harasser’s fall from grace whereby procedural rules are merely used as a decoy. A remarkable finding of this study is the total reversal of victimhood that takes place. It is found that the case at hand clearly illustrates that seizing control of the narrative is part of male dominance, even more so when the alleged perpetrator is popular and powerful.

Implementation of the Provisions of International Acts on the Interrogation of Defense Witnesses in Court in Russian Law

Problem statement. The right to a fair trial within a reasonable time by an independent, impartial and competent court, in compliance with the fundamental principles of criminal proceedings established by international treaties and national legal acts, is pivotal in the legal status of the individual. As judicial practice shows, in criminal proceedings, the implementation of this right largely depends on individual judicial regulation when deciding on satisfaction/refusal to satisfy the request for questioning in court of a defense witness. The significance of the testimony of a witness confirming the defendant’s alibi or other circumstances testifying to his innocence or the presence of mitigating circumstances actualizes theoretical and applied (based on the analysis of judicial practice) studies devoted to the interrogation of a defense witness during the judicial investigation of a criminal case. Purpose of the work: to identify methodological and organizational and legal problems of summoning and questioning a witness at a court session, to determine the role and aisles of individual judicial regulation when making a decision on a petition for summoning a witness submitted by the defense party. Results. The importance of questioning a defense witness at a court hearing to ensure its publicity, immediacy and verbality is obvious. The interrogation also ensures the proper procedural regime of proof and the operation of the principles of adversarial, presumption of innocence and the right of the accused to defense. Recommendations and other provisions of judicial bodies regarding the summoning and interrogation of witnesses should be evaluated on the basis of the principles of justice enshrined in Russian law, while individual judicial regulation in resolving a specific petition for summoning a witness should be formed on the basis of recognition of the significance of the testimony of this participant, their possible impact on the outcome of the trial, and also provided, when necessary, technical capabilities of video conferencing and web conferencing.

The future of defence rights in the light of the mcdonaldisation of criminal justice systems

Alongside the process of globalisation, from which no state can escape today, there appears to be an underlying “Americanisation of the world”, which is reflected essentially in the worldwide export of American industry and capital, but also of ideas, customs, and social habits. Among these habits, the American sociologist George Ritzer has highlighted the spread of fast-food chains which, according to him, is less a sign of the generalisation of a way of consuming than the implementation of a way of thinking. Indeed, Ritzer observed that contemporary societies have gradually abandoned the traditional way of reasoning in favour of more rational ways of thinking, similar to fast food chains, which rely on efficiency, calculability, predictability and the use of new technologies. Described as “McDonaldisation”, in reference to the famous multinational fast-food corporation, this phenomenon of rationalisation is affecting “more and more sectors of American society as well as the rest of the world” due to cultural homogenisation resulting itself from globalisation. Indeed, the American justice system as well as “the rest of the world”, such as many European legal systems, are also concerned by it, particularly regarding their criminal procedures, which are increasingly under the influence of this process of “McDonaldisation”. The relatively recent use of guilty pleas for individuals and legal persons, the use of sentencing guidelines and the increase in predictive justice in criminal matters reflect the key aspects of “McDonaldisation” mentioned above, namely efficiency, calculability, predictability, and the use of new technologies. However, this streamlining trend harms the defence rights placed at the heart of criminal procedures in general, such as the right to a fair trial, the right to an independent and impartial tribunal, the presumption of innocence and the individualisation of punishment.This paper therefore examines the future of these fundamental rights in the light of the “McDonaldisation” of criminal justice in America and in various European States and focus on the new principles that now guide it.

GOVERNMENT RESPONSIBILITY FOR THE LEGAL PROTECTION AND REPRODUCTIVE HEALTH OF WOMEN (MOLESTERS) AND CHILDREN (RAPE PERPETRATORS)

Reproductive health regulated in Government Regulation of the Republic of Indonesia No.61/2014 tries to accommodate the needs related to sexual reproductive issues, especially for women and children/teenagers as well as men. This regulation is a form of government responsibility for reproductive health. The number of sexual cases that occur in the community has become our common concern and responsibility. One such case in Jambi involved a 21-year-old mother of an 11-month-old baby who reported a dozen children on different charges. The mother reported rape against herself, while dozens of children reported the mother on charges of molesting these children. This issue is not just a legal issue, but an issue related to mental health in society. This means that resolving this case is not only from a legal perspective but looking at the mental recovery that needs to be done for both perpetrators and victims so that there are no recurring problems in the future. Protection for the perpetrator with the presumption of innocence until there is evidence, makes this case must get the attention of law enforcement officials.

ON THE LEGALITY OF THE JUDICIAL APPEAL OF THE INITIAL CHARGE DURING THE PRELIMINARY INVESTIGATION

The expansion of the scope of judicial participation (control) at the stages of preliminary preparation of the case is one of the main directions in the development of criminal justice. It can become a complete guarantee of the equality of the parties to legal proceedings, the competitiveness and fairness of the procedure. Currently, in the Russian criminal procedure, such control is provided only for actions (inaction) and decisions of the preliminary investigation bodies and the prosecutor affecting the constitutional rights of citizens (some preventive measures and investigative actions, seizure of property, criminal prosecution of certain categories of persons, resumption of long-discontinued cases, etc.). At the same time, the court often has to assess the evidence and the factual validity of the suspicion and accusation of a person, or the very need to continue the criminal prosecution. In this regard, the question arises of how to prevent the courts from prejudging the question of guilt. The adoption of standards of proof, including prima facie (evidence reasonable at first view), may serve as a guarantee when the question of guilt is examined in a purely preliminary sense, under the condition that guilt will be definitively established, only if the evidence presented by the investigator is confirmed during the trial on the merits. Since the current law (Article 125 of the Criminal Procedure Code of the Russian Federation) declares the possibility of appealing against any decisions of the preliminary investigation bodies if they affect, among other things, constitutional rights and freedoms, the question arises as to the legality of complaints about the unjustified bringing of the so-called initial charge, since it affects such constitutional values as the dignity and inviolability of the person, the presumption of innocence, the use of only admissible evidence in the administration of justice. In practice, however, there is no appeal against the charge, which affects the quality of the preliminary investigation, the legitimate interests of the accused and the burden on the courts of first instance. In order to prevent judges from forming a biased view of guilt, it is necessary to specialize judges or, as the most radical measure, to introduce the institution of investigating judges. The purpose of this study is to justify the possibility of a judicial appeal at the stage of preliminary investigation of the initial charge. The article uses empirical methods of comparison, description, interpretation, formal-logical method as well as specific scientific methods: legal-dogmatic and interpretation of legal norms.

The presumption of innocence as a constitutional phenomenon

Report. The presumption of innocence is a legal phenomenon that constantly attracts the attention of researchers. It is considered in legal science from the point of view of its origin, legal formalization, content and meaning. The interest in this problem is caused, on the one hand, by the multidimensional nature of this presumption, and, on the other, by its practical significance not only for society and the state, but, first of all, for a specific individual. The presumption of innocence is usually considered by specialists in the field of criminal law and criminal procedure, since, in their opinion, it belongs to the criminal sphere, the sphere of judicial proceedings, evidence. Meanwhile, such a view of the problem, it seems, limits the true essence of the phenomenon and reduces its significance.The purpose of this study is to substantiate the constitutional nature of the principle of the presumption of innocence.Research methodology. In this work, general scientific and private scientific research methods were used, such as analysis, synthesis, abstraction, and the case method.The results of the conducted research. As a result of the analysis, the author comes to the conclusion that the presumption of innocence is a constitutional principle. The constitutional nature of this phenomenon is inherent in its nature, sources, content, meaning. Conclusions. The presumption of innocence is a constitutional principle. Considering it exclusively through the prism of criminal law and criminal procedure, as an element of judicial proceedings related to the theory of evidence and the adversarial nature of the parties, greatly limits its role and significance, leads to too narrow an understanding of its content. The presumption of innocence is a legal phenomenon that affects various social relations, including those related to the electoral process, to administrative proceedings, to tax relations, etc. As a constitutional principle, the presumption of innocence interacts with other constitutional principles: the principle of the rule of law, the social state, the democratic state, freedom, equality, justice, legality, etc. The presumption of innocence expresses the balance of the public and private interests of a state-organized society. The existence of this one of the most important constitutional phenomenon shows the value of the individual in the legal system.

Pathways to truth: using criteria-based content analysis in missing person cases

PurposeWhen investigating missing persons cases, witness and suspect statements are often the only available evidence to investigators. As such, forensic linguistics can be useful to police when seeking information from individuals during investigative interviews. The presumption of innocence must be maintained in an investigation, and therefore this study aims to use a method focused on veracity detection, rather than the majority of studies using deception detection approaches.Design/methodology/approachThe current research uses criteria-based content analysis (CBCA), a method that has been applied to a variety of criminal cases. Real-world statements of individuals convicted or found innocent of their involvement in missing persons cases were used in the analyses. Additionally, behaviour sequence analysis (BSA) was used to map language patterns within individuals’ statements.FindingsResults indicated that two individual markers occurred at a high frequency across all four groups (the guilty and innocent statements of both case types); however, differences were noted in the sequences based on an individual’s ability to provide experiential details.Research limitations/implicationsThe current research contributes to the growing literature that aims to test CBCA in adult samples across crimes that do not pertain to sexual abuse, in addition to aiding researchers and practitioners to understand better the linguistic differences that occur in missing persons cases.Originality/valueTo the best of the authors’ knowledge, this type of research, using CBCA to assist with missing person's cases with a temporal method (BSA), has never before been tested. BSA has previously been used in forensic linguistics, and shown support for the method. The current research builds on this in terms of missing persons cases.

Punishing the Non-convicted Through Disclosure of Police Records

Abstract As police records expand with big data analytics, so too has the range of non-conviction information seeping into the public domain through criminal background checks. Numerous studies have documented the negative effects of background checks for those with criminal convictions, but less understood are the effects of non-conviction records. We draw on 8 focus groups and 52 interviews to understand how the release of non-conviction records are: (1) creating new institutional risk management pressures for police institutions, (2) expanding the role of employers as arbiters of risk, (3) redefining understandings of ‘the risky subject’ to include victims, those with mental health challenges and other innocent individuals subject to police contact and (4) raising critical legal questions about privacy and presumptions of innocence.

Guilty by Anticipation: Distortions on the Presumption of Innocence in First Appearance Hearings

This article addresses the dynamics of first appearance hearings and analyzes how the various actors involved in the process influence judges’ decisions. The analysis focuses on the distortion of the presumption of innocence principle based on racial factors, education levels, the criminal record of the arrested person and the type of offense that led to the arrest. Researchers collected data through in-person observations of 63 hearings that took place in the Criminal Court[1] of the city of Belém-Pará-Brazil, from January and March 2020. Results show that the presumption of innocence has little weight in first appearance hearings and factors related to race, education level, criminal background and involvement with drugs often cause the accused to be held in pre-trial detention before being judged and receiving a formal punishment.

(Ne)osuđivanost kao diskriminatorski uslov za zasnivanje radnog odnosa

In the context of employment, a form of direct discrimination is frequently embodied in prototypical examples of job advertisement, such as "A female worker needed to work in a bakery" or "Send a CV including a photo". The competent institutions often reacted to such and similar advertisements, and the citizens' awareness has been raised to such an extent that they often get organized (as "testers") to gather evidence and establish whether such conduct constitutes a discriminatory act. In this regard, the authors examine why some personal characteristics that are sometimes required from candidates (age, gender, appearance, etc.) are considered advantageous and do not cause the candidates revolt. How it is possible that even state authorities can ask the candidate for confirmation that he/she has not been convicted or that no legal proceeding is underway against him/her? Is the certificate on no prior criminal record really crucial for the position of a nurse or a medical technician (orderly) in cases where a person has been convicted of a minor offence against road safety? Is an unconvicted cook better at making sushi than the one convicted of negligently causing a car accident? How does the state provide for the possibility of resocialization of convicted offenders if it requires this type of certificate for jobs in the public sector, without making any distinction between the specific type of committed offence and the length of the imposed sentence? Finally, what about the presumption of innocence, one of the basic postulates of criminal procedure? By analyzing the current legal provisions and the practice of independent bodies and international institutions on this matter, the authors aim to address these and other questions that have been raised both in theory and in practice.

Отсутствие возражений как условие отказа в возбуждении уголовного дела в связи с истечением сроков давности

The study poses two questions: (1) whether it is possible to refuse to initiate a criminal case due to the expiration of the statute of limitations if the person who committed the crime has not been identified; (2) whether it is necessary to obtain the consent of the person to refuse to initiate a criminal case on this basis, if it is established. The authors gave a negative answer to the first question, referring to Paragraph 3 of Part 1 of Art. 24 of the Code of Criminal Procedure of the Russian Federation, which declares the ineffectiveness of initiating a criminal case from the point of view of the appointment of a criminal process, and supporting it by the fact that the presumption of innocence does not apply to unidentified persons. When answering the second question, the authors indicated that the problem of classifying the statute of limitations as rehabilitating or non-rehabilitating grounds would not have arisen if this released person were not reflected in the pre-investigation statistics as a person who committed a crime. Therefore, by changing the statistical indicators, it would be possible to solve this problem. First, the Plenum of the Supreme Court of the Russian Federation considers such a person to have committed a crime for the first time. Second, Art. 78 of the Criminal Code of the Russian Federation does not provide for such a condition for exemption from criminal liability as obtaining the consent of a person. Third, the meaning of the statute of limitations is that beyond their limits the state loses the right to prosecute, since the person ceases to be socially dangerous. Fourth, since guilt is not established at the stage of initiating a criminal case, it is impossible to say that the basis for refusing to initiate a criminal case is non-rehabilitating. Fifth, extending the rule established by Part 2 of Art. 27 of the Code of Criminal Procedure of the Russian Federation to the stage of initiating a criminal case would mean the use of a procedural analogy, which is not provided for by the Code of Criminal Procedure of the Russian Federation. Sixth, the position set forth by the Constitutional Court of the Russian Federation in Resolution No. 20-P dated May 19, 2022, allows equating consent with the absence of objections of a person against a refusal to initiate a criminal case; therefore, if such objections are not received from a person, it is presumed that the person agrees and the statute of limitations can apply. Thus, if the statute of limitations for criminal prosecution has expired, a criminal case should not be initiated, both in the case when the person has not been identified (the absence of this person is regarded as the absence of his/her objections to the refusal to initiate a criminal case), and if the person who committed the crime is established without clarifying his/her opinion on this issue.

M.S. Strogovich: theorist of the Soviet Criminal Procedure

The article is dedicated to the life, work and scientific heritage of the outstanding Soviet scien-tist-proceduralist, Corresponding Member of the USSR Academy of Sciences, Doctor of Law, Professor Mikhail S. Strogovich (1894–1984). The main stages of the scientist’s professional path are considered: from studying at a gymna-sium and institute to well-deserved recognition as the leader of Soviet criminal procedure sci-ence. The author’s most significant publications are analyzed, which are devoted to the nature of the criminal process, adversarialism, the presumption of innocence, ensuring individual rights and other important issues that arise in connection with the preliminary investigation and trial of criminal cases. Expressed by M.S. Strogovich evaluates the positions from the point of view of their relevance for the development of modern criminal procedure doctrine, modern legislation and law enforcement practice. When preparing the article, materials from personal file were used M.S. Strogovich and other documents from the archives of the Institute of State and Law of the Russian Academy of Sci-ences.

МОЛЧАНИЕ ОБВИНЯЕМОГО В УГОЛОВНО-ПРОЦЕССУАЛЬНОМ ЗАКОНОДАТЕЛЬСТВЕ РОССИЙСКОЙ ФЕДЕРАЦИИ И ИНОСТРАННЫХ ЮРИСДИКЦИЙ

Introduction: the article analyzes the defendant’s silence models in foreign states (England and Wales, Ireland, the United States, the Netherlands, Belgium) and in Russia, with a focus on the evidence thresholds that allow drawing adverse inferences from the accused’s refusal or failure to answer questions as well as on the scope of these inferences. The historical retrospective of the issue and the development of international standards permitting the use of silence for evidentiary purposes are explored. The purpose of the paper is to study the legislation and law enforcement practice of the selected countries with regard to the conditions under which adverse inferences can be drawn from the defendant’s silence. Methods: general scientific methods of analysis, synthesis, analogy, and interpretation; comparative legal, formal legal, and axiological methods. Results: the author identifies the categories (groups) of crimes to which provisions on adverse inferences are applicable and indicates the guarantees designed to compensate for the limitation of the right to remain silent. The implementation of such guarantees in Russian legislation and their practical application are analyzed. The author outlines the possible negative scenarios for criminal process in Russia in cases where ambush defenses are raised. The experience of Belgium and the Netherlands in investigating stand-alone money laundering exemplifies the algorithm of using the indirect method of proof and demonstrates the role of the defendant’s failure to clarify the origin of an asset suspected to originate from an illegal source as corroborative evidence. Conclusions: while the presumption of innocence is a universal principle, the legal approaches to adverse inference from the defendant’s silence differ from state to state. Attaching the evidentiary importance to the accused’s silence does not violate the right to a fair trial, subject to compliance with the safeguards. The attitude to the evidentiary value of the defendant’s silence in Russia is to be changed due to the known difficulties of prosecution for profit-driven crimes.

Peculiarities of ensuring the constitutional right to a fair trial: international and national aspects

Using a documentary methodology combining different research techniques such as dialectics, the article conducts a scientific analysis of the implementation of the constitutional right to a fair trial in Ukraine and defines its essence and content; it also investigates the peculiarities of normative consolidation of the right in international legal acts and studies the positive experience of applying the precedent practice of the European Court of Human Rights, to solve the main problems of the implementation of this right in the national judiciary in the conditions of martial law in Ukraine. Among other things, the essence of the term "right to a fair trial" was clarified and a study of the peculiarities of the implementation of the right to a fair trial in conditions of war from the perspective of the European Court of Human Rights was conducted. It is concluded that, both in theory and in concrete reality, the right to a fair trial is complex in nature and includes the fairness and publicity of the proceedings, the reasonableness of the terms, the presumption of innocence, the independence and impartiality of the court, the existence of a dispute over rights and obligations, among other aspects.

CONSTITUTIONAL RELEVANCE OF THE PRESUMPTION OF INNOCENCE

In this paper we propose to present the place of the presumption of innocence in the Romanian constitutional landscape and to show that it can be delimited by the notoriety of criminal law.In order to achieve our objective, we briefly presented the situations that can contribute to the definition of the presumption of innocence. Even if the presumption of innocence coexists only in the relationship of "collaboration" with the accused or the defendant, it bears nuances specific to human rights, equity, the rule of law and even the legislative policy of the state.In this sense, the specific discussions will start from the provisions of art. 16 para. (1) and (2) of the Constitution in conjunction with those of art. 23 para. (8) and (11) and from the provisions of art. 4 para. (1) of the Code of Criminal Procedure in order to establish the normative content of the "presumption of innocence".From a simple benefit to the complexity of legal protection is only one step because the presumption of innocence constitutes a fundamental human right through its implications on individual freedom, a fact recognized at the level of the Fundamental Law.Finally, deepening the principle of "presumption of innocence" throughout this article, we believe that it will be natural to conclude that this is a principle of constitutional rank.

К. Маркс о собственной форме и содержании в правоотношениях

The article shows the importance of legal relations, based on the work of K. Marx “Debate on the order to steal a forest”, in which he clearly raised the question of the independence of legal relations, whether it be criminal law, or criminal procedure, or any other relationship... Any legal relationship has only its own form and content, inextricably dialectically interconnected. This is the true scientific nature of legal relations. Therefore, one legal relationship cannot be made the content of other relationships. For example, it is impossible to squeeze the Chinese procedural procedure into the French procedure without distorting its true essence, while Marx sharply criticizes the position of the Landtag deputies who tried to make the selfish private interest of forest owners the property of state criminal law and criminal procedural relations. According to Marx: “a form is devoid of any value if it is not a form of content”. Hence, the criminal process cannot be considered as a form of criminal law, since then the content of the criminal procedural legal relationship changes, since inevitably then the accused will be identified with the guilty (criminal), and the measures of procedural coercion will be identified with the measures of criminal punishment, and the presumption of innocence will be replaced on the presumption of guilt. In the same way, it is impossible to make operational-search relations the content of criminal-procedural relations and thereby erase the differences between criminal-procedural evidence and operational-search data. At the same time, the very institution of interaction between the investigator and the body of inquiry, carrying out operational-search activities, is important.

The Enigma Implementation of Predictive Algorithms in Indonesian Legal Perspective

Predictive Modeling is a statistical technique that can predict future results with the help of historical data and machine learning tools to see if there is a potential for criminal acts in an area using technology. If the Predictive Algorithm is applied to a system in Indonesia, Indonesia must first consider the mechanism for using the system and the risk impact of the system. This research uses normative juridical research. This study uses several approaches, namely the statutory and conceptual approaches. What needs to be considered if this system is implemented in Indonesia is that there is currently no law on personal data, so there are still norms in the regulation of personal data, incomplete regulations regarding Indonesian cyber crime, violations such as the presumption of innocence, and Indonesia must revamp the system. Judiciary in Indonesia, considering there are still areas lacking internet signal. The use of Predictive Algorithms in certain sectors has a good impact. Still, the implementation of Predictive Algorithms in the government sector, especially the Criminal Justice System, violates the human rights of the suspects or suspects related; before the performance of the Predictive Algorithm system, Indonesia must prepare a special law with Personal Data and Reform of the Justice System in Indonesia.

A Principled Approach to the Reconciliation Procedure: Theory and Practice

The article examines the problems of regulation and implementation of the provisions of the law on reconciliation in criminal cases. The interrelation of the norms of the institute of reconciliation with a number of principles of criminal procedure law is substantiated and it is concluded that the institution of reconciliation of the parties does not fully comply with the purpose of criminal proceedings and its principles such as the protection of human and civil rights and freedoms and the presumption of innocence. In this regard, the article proposes changes that it is advisable to make to the criminal and criminal procedure law, as well as to the guidance clarifications of the Plenum of the Supreme Court of the Russian Federation to eliminate such contradictions. So we consider it necessary: in the text of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 27.06.2013 N 19, to exclude the mention of the established guilt of the person against whom the criminal case is terminated in accordance with Article 25 of the Code of Criminal Procedure of the Russian Federation, and also to reflect the judgment that it is unacceptable for the law enforcement officer to allow formulations in the text of the resolution on the termination of the criminal case, indicating the proof of guilt the person against whom the decision to terminate the criminal case is made; from Articles 25, 213 of the Criminal Procedure Code of the Russian Federation, it is necessary to exclude an indication of the possibility of reconciliation with the suspect; part 2 of Article 42 of the Criminal Procedure Code of the Russian Federation should be supplemented with paragraph 4.1 of the following content "to reconcile with the suspect, the accused person in accordance with the procedure established by Article 25 of this Code"; paragraph 15 Part 4 of Article 47 of the Code of Criminal Procedure of the Russian Federation should be supplemented with the wording explaining to the accused the right to reconciliation in accordance with the procedure provided for in Article 25 of the Code of Criminal Procedure of the Russian Federation.