Open AccessPROSECUTOR’S AUTHORITIES IN A CRIMINAL CASE SUBMITTED WITH A LETTER OF ACCUSATION
Author(s) -
Ilya Dikarev
Publication year - 2020
Publication title -
rossijskij sledovatelʹ
Language(s) - English
Resource type - Journals
ISSN - 1812-3783
DOI - 10.18572/1812-3783-2020-10-61-64
Subject(s) - indictment , law , false accusation , scope (computer science) , political science , criminal procedure , function (biology) , criminal court , computer science , international law , evolutionary biology , biology , programming language
The author in the article deals with the powers to change the degree and qualification of the prosecution used by the Prosecutor at the final stage of pre-trial proceedings. The author concludes that the scope of powers depends on the form of preliminary investigation determining the procedural function of the Prosecutor. The opinion that the Prosecutor after transferring the criminal case with the indictment obtains the function of criminal prosecution is critically evaluated. The author shows that the Prosecutor assumes this function only if the indictment is approved. The author’s position is supported by the need to return the opportunity to adjust the charge in the criminal case received by him with the indictment to the Prosecutor.