Open AccessCriteria for assigning criminal cases to private prosecution. Subject of initiation of private prosecution cases
Author(s) -
Titov P.M.
Publication year - 2021
Publication title -
rossijskaâ ûsticiâ
Language(s) - English
Resource type - Journals
ISSN - 0131-6761
DOI - 10.18572/0131-6761-2021-1-37-39
Subject(s) - test (biology) , law , public prosecutor , state (computer science) , subject (documents) , criminal procedure , criminal case , political science , psychology , criminology , computer science , paleontology , algorithm , library science , biology
The article criteria for assigning cases to private charges are identified: substantive, procedural and socio-preventive. The substantive test means that private prosecution must include crimes that mainly infringe on personal values, and to a minimum — on the interests of society and the State. The procedural criterion takes into account that the evidence in cases of private prosecution is carried out by the victim (private prosecutor). Therefore, this category of cases should include those for which the main body of evidence is testimony and other documents. The socio-preventive criterion implies that cases of private prosecution are generally preventive in nature, when the fact of criminal prosecution itself has an educational effect on the person, and when the victim reconciles with the accused, the criminal case ceases. It is concluded that the initiation of a private prosecution case is carried out not by the victim, but by the court.