SHS Web Conf.
Volume 108, 2021IX Baltic Legal Forum “Law and Order in the Third Millennium” 2020
|Number of page(s)||4|
|Section||Criminal Procedure and Forensic Science|
|Published online||31 May 2021|
Plea for justice when returning criminal cases to prosecutor by cassation court
The First Cassation Court of General Jurisdiction, Saratov, Russia
* Corresponding author: firstname.lastname@example.org
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.
Key words: grounds for remission or change of the sentence by the cassation court / justice / balance of private and public interests
© The Authors, published by EDP Sciences, 2021
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