Institute of special order of court decision making at the consent of the person with the charges brought needs improvement

Special order of the court decision making at the consent of the person with the charges brought regulated by Chapter 40 of the Criminal Procedure Code of the Russian Federation should be amended in the way to ensure the implementation of the function of the Russian criminal proceedings. To solve the existing problems the court considering a criminal case in a simplified procedure should be given the right to examine the evidence in order to establish the circumstances listed in Article 73 of the Criminal Procedure Code of the Russian Federation . Since the purpose of criminal proceedings is to make a grounded, fair judgment, the court must be able to examine the evidence to the extent it needs. With this approach, the provisions of Article 317 of the RF Criminal Procedure Code on the inadmissibility of the appeal of a sentence made in a special order, based on its inconsistency with the real circumstances, should be excluded from the criminal procedure law. With this approach it can be argued that the purposes and principles of the Russian criminal proceedings are the same, typical of the continental criminal procedure.

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