Reduced legal proceedings: yesterday, today and tomorrow (Chapter 32.1 of the Criminal Procedural Code)

The goal of the present research is the definition of the nature of a reduced investigation procedure (Chapter 32.1 of the Criminal Procedural Code of the Russian Federation) introduced by the Federal Law 4.03.2013, № 23-FL. The tasks of the research are: ascertainment of the range of cases where such a proceeding can be used, its objective time limits, peculiarities of the position of a person involved in this procedure, its structure, specificity of the subject, means and ways of proof. The principal method used is a comparative-legal one. The problems connected with the application of the procedure of reduced investigation are examined through the prism of its comparative- legal analysis with its historical prototype- a protocol form of the pre-trial preparation of materials (Chapter 32.1 of the Criminal Procedural Code of the Russian Soviet Federative Socialist Republic). Results of the research showed that legislators once again demonstrated misunderstanding of the goal of introduction of such procedures. They concentrated on acceleration and simplification of investigation. But these are only the consequences of the procedure while its aims - protection of individual rights and resolution of criminal legal conflicts on the basis of a compromise- remain unattainable. The author comes to the conclusion about the necessity to: 1) conduct usual trials in cases investigated in the reduced form; 2) select cases for the procedure of a reduced investigation. Obvious crimes of little or medium gravity and crimes simple for investigation can be referred to this group; 3) make additional warranties for taking testimony from suspects; 4) return to the usual subject of proof if only to establish conditions necessary for the procedure; 5) include such elements of the process of proof as collection and verification of evidence and transfer of proof as a whole to the stage of institution of a criminal case. In the course of the above procedure interrogating officers are not obliged to collect evidence and check the materials which they got before the institution of a case. Neither prosecutors nor courts verify evidence under this procedure. The verdict of guilty is passed without investigation and trial if the accused pleads guilty of a crime. Thus, the procedure of a reduced investigation as it is determined in Chapter 32.1 of the Criminal Procedural Code cannot increase the effectiveness of hearing of criminal cases and needs some improvement.

Keywords

Authors

References