Open AccessOn Criminal Prosecution against Deceased Persons
Publication year - 2018
Publication title -
èlektronnoe priloženie k rossijskomu ûridičeskomu žurnalu
Language(s) - English
Resource type - Journals
eISSN - 2542-0364
pISSN - 2219-6838
DOI - 10.34076/2410-2709-2018-4-34-39
Subject(s) - conviction , suspect , criminal procedure , criminal law , law , criminal conviction , political science , paragraph , criminal code , object (grammar) , criminal investigation , criminology , subject (documents) , psychology , linguistics , philosophy , library science , computer science
The criminal proceedings against deceased persons are becoming increasingly relevant, however,the current criminal procedure law does not give a clear idea of the procedural status of such participantsin criminal proceedings. The only mention is contained in paragraph 4 of part 1 of Article 24, as wellas in part 8 of Article 42 and part 2 of Article 318 of Criminal Procedural Code (CPC) of the RussianFederation, and then only in connection with the death of the victim and private prosecutor. The structureof the corpus delicti developed in the criminal law dictates the coordination of the relevant elements inthe structure of the subject of evidence provided for in Articles 73, 421, 434 of the Russian CPC.The article discusses the interaction between these elements within the legal framework of the crosssectoral mechanism of criminal law regulation, the summary of procedural succession of dead persons,opportunity of criminal proceeding regards dead accused, suspect persons, issues of court convictionof dead persons, issues of rehabilitation of deceased participants in criminal proceedings. The authorsconclude that criminal prosecution against deceased persons is unacceptable. Furthermore, in any casecriminal prosecution must concern crimes committed in the visible past. Historical matters must not become an object of a criminal proceeding.