PROSECUTOR IN THE COURT OF CASSATION IN CRIMINAL CASES
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
05.02.2016
Accepted:
04.06.2021
Published:
05.02.2016
Language:
Russian
Keywords:
Criminal procedure, trial, cassation, appeal, prosecutor, court’s decision, European Court of Human Rights.
Abstract (English):
Federal Law No. 433-FZ «On Amendments to the Criminal Procedure Code of the Russian Federation and the Annulment of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation» entered into force since January 1, 2013 in relation to the powers of prosecutors to lodge cassation representations against court’s decisions is under review in the article. The authors analyse judicial practice of cassation instance in Moscow City Court of 2014 year on criminal cases and demonstrate some omissions of prosecutors in consideration of cases in the court of cassation. The conclusion shows that a cassation representation should be prepared and submitted by subordinate to higher prosecutor, provided that public prosecutor shall obtain the right to apply directly to that prosecutor who has the right to lodge a cassation representation along with the project thereof. Such novel will positively influence to the quality of cassation representations prepared and made by prosecutors.
Federal Law No. 433-FZ «On Amendments to the Criminal Procedure Code of the Russian Federation and the Annulment of Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation» entered into force since January 1, 2013 in relation to the powers of prosecutors to lodge cassation representations against court’s decisions is under review in the article. The authors analyse judicial practice of cassation instance in Moscow City Court of 2014 year on criminal cases and demonstrate some omissions of prosecutors in consideration of cases in the court of cassation. The conclusion shows that a cassation representation should be prepared and submitted by subordinate to higher prosecutor, provided that public prosecutor shall obtain the right to apply directly to that prosecutor who has the right to lodge a cassation representation along with the project thereof. Such novel will positively influence to the quality of cassation representations prepared and made by prosecutors.
Keywords:
Criminal procedure, trial, cassation, appeal, prosecutor, court’s decision, European Court of Human Rights.
Criminal procedure, trial, cassation, appeal, prosecutor, court’s decision, European Court of Human Rights.
1. Davydov N. V. Neskol´ko lektsiy po ugolovnomu protsessu. 2‑e izd. M., 1909.
