Open AccessClassification of crimes in designing criminal procedure regulations
Author(s) -
A. G. Kulev,
L. O. Kuleva
Publication year - 2019
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2019.99.2.130-137
Subject(s) - criminal procedure , law , criminal code , political science , criminal law , russian federation , jurisdiction , criminal jurisdiction , punishment (psychology) , negotiation , legislation , proportionality (law) , psychology , business , social psychology , economic policy
The rules on categorization of crimes are substantive and legal by their nature. Nevertheless, they have a great influence on the state and development of criminal procedural matter. It is proposed to divide the provisions of the Criminal Procedural Code of the Russian Federation, which reflect the provisions of Art. 15 of the Criminal Code of the Russian Federation, into two groups. The first group includes the norms of criminal proceedings that are a kind of logical continuation of criminal law regulations related to exemption from criminal liability and punishment. The second group consists of strictly procedural rules that are not directly dependent on the substantive law: the composition of the bench, jurisdiction and competence of criminal cases, bail hearing, negotiations control and recording, the return of a criminal case to the prosecutor. Particular attention is given to the possibility for the court to change the classification of crimes. Based on the studied theoretical sources and court practice, the authors make suggestions aimed at improving the existing criminal procedure legislation and optimizing its application in the framework of the issues raised.