On the termination of criminal proceedings with the imposition of a judicial fine as a special form of termination of the preliminary investigation

The article analyses the current criminal procedural legislation and the practice of its application on the issue of sending to court a criminal case with a motion of the investigator (inquirer) to terminate the criminal case (criminal prosecution) with the subsequent imposition of a judicial fine. It is noted that the data of judicial statistics show the demand for the institute of judicial fine in law enforcement. At present, exemption from criminal liability in connection with the imposition of a judicial fine is procedurally possible in two forms. Firstly, at the request of the defendant or his defence counsel, stated directly in the court session during the consideration on the merits of the criminal case, received by the court with an accusatory document (indictment, indictment or indictment). Secondly, based on the results of consideration by the court of the investigator's (inquirer's) decision to initiate a petition for termination of criminal case (criminal prosecution) and imposition of a judicial fine. The paper analyses the legislative regulation of the latter. The conclusion is substantiated that the decision of the investigator (inquirer) to apply to the court with a petition for the application of a judicial fine in accordance with Chap. 51.1 of the RF CCP represents a special (simplified) form of the end of the preliminary investigation. Despite the simplified nature of this procedure, it is considered unjustified to completely exclude the prosecutor from the stage of sending the criminal case from the body of preliminary investigation to the court for its resolution. Based on the results of the study, a number of proposals aimed at amending and supplementing the current criminal procedure law have been formulated. Firstly, it is necessary to give the investigator (inquirer) the obligation to send the prosecutor a copy of the decision on the initiation of a petition to the court to terminate the criminal case (criminal prosecution) and the imposition of a judicial fine, which should be added to Part 3 of Article 446.2 of the CPC of the RF. Secondly, the necessity to change the title of Article 446.2 of the CPC of the RF is substantiated, stating it in the following wording: "Article 446.2. Termination of preliminary investigation and the procedure for termination of criminal proceedings or criminal prosecution in connection with the imposition of a measure of criminal-legal nature in the form of a judicial fine". Thirdly, it is proposed at the legislative level to recognise the sending of the criminal case by the investigator (inquirer) to the court with a request to terminate the criminal case in connection with the imposition of a judicial fine as an independent form of termination of the preliminary investigation, and to make a corresponding addition to Part 1 of Article 158 of the CPC of the RF. The author declares no conflicts of interests.

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